80_FR_21343 80 FR 21269 - UniStar Nuclear Energy; Combined License Application for Calvert Cliffs Nuclear Power Plant, Unit 3

80 FR 21269 - UniStar Nuclear Energy; Combined License Application for Calvert Cliffs Nuclear Power Plant, Unit 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21269-21271
FR Document2015-08934

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a December 31, 2014, letter from UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear Project, LLC, and UniStar Operating Services, LLC, co-applicants for the combined license (COL) application for the Calvert Cliffs Nuclear Power Plant Unit 3 (CCNPP3), which requested an exemption to delay the submission of the annual update of the Final Safety Analysis Report (FSAR) to be included in their COL application. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption to delay the FSAR update submittal up to December 31, 2015.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21269-21271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08934]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-016; NRC-2008-0250]


UniStar Nuclear Energy; Combined License Application for Calvert 
Cliffs Nuclear Power Plant, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a December 31, 2014, letter from UniStar 
Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear Project, LLC, 
and UniStar Operating Services, LLC, co-applicants for the combined 
license (COL) application for the Calvert Cliffs Nuclear Power Plant 
Unit 3 (CCNPP3), which requested an exemption to delay the submission 
of the annual update of the Final Safety Analysis Report (FSAR) to be 
included in their COL application. The NRC staff reviewed this request 
and determined that it is appropriate to grant the exemption to delay 
the FSAR update submittal up to December 31, 2015.

ADDRESSES: Please refer to Docket ID NRC-2008-0250 when contacting the 
NRC about the availability of information regarding this document. You 
may access the publicly-available information related to this document 
using any of 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: 301-415-
3463; email: [email protected]. For the 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]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 14, 2008, UNE, on behalf of Calvert Cliffs Nuclear 
Project, LLC and UniStar Operating services, LLC, submitted to the NRC 
a COL application, under subpart C of part 52 of Title 10 of the Code 
of Federal Regulations (10 CFR) to construct and operate a single unit 
of AREVA NP's U.S. Evolutionary Power Reactor (EPR), designated as 
Calvert Cliffs Nuclear Power Plant Unit 3, at a site in Calvert County, 
Maryland. The UNE application was docketed on June 3, 2008 (Docket 
Number 52-016). UNE's COL application for CCNPP3 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 CCNPP3 COL application as well as AREVA NP's application for design 
certification of the U.S. EPR. UNE also had previously requested an 
exemption on November 19, 2013 (this request was later supplemented by 
UNE's follow up updated request on March 21, 2014), under 10 CFR 
50.71(e)(3)(iii) to submit the scheduled 2013 FSAR update, and 
proposed, for approval, a new submittal deadline of December 31, 2014. 
The NRC reviewed the bases for the exemption request and granted the 
exemption as described in Federal Register notice published on 
September 11, 2014 (79 FR 54303).
    By a letter dated December 16, 2014 (ADAMS Accession No. 
ML14351A301), UNE requested that after January 2015, the NRC defer its 
safety review portion of the Calvert Cliffs Unit 3 COL application 
until such time that UNE formally requests that the NRC resume its 
review. The letter also stated that UNE will monitor and evaluate 
progress of the technical issue resolution for the U.S. EPR FSAR and 
the development of guidance necessary to address Foreign Ownership 
Control and Domination (FOCD) prior to requesting the NRC to resume 
review. By letter dated February 27, 2015 (ADAMS Accession No. 
ML15062A050), UNE requested that after March 6, 2015, the NRC suspend 
the Calvert Cliffs Unit 3 COL application review until such time the 
UNE formally requests that the NRC

[[Page 21270]]

resume its review. The letter also stated that UNE will continue to 
monitor the U.S. EPR Design Certification efforts, as well as other 
project conditions such as foreign ownership guidance, loan guarantee 
availability and the electricity market, among others.

II. Request/Action

    The regulations at 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 and 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 Part 2 of the COL 
application. Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual 
update of the FSAR for the CCNPP3 COL application would have been due 
by December 31, 2014.
    On September 30, 2014, UNE submitted Revision 10 of the COL 
application, including updates to the FSAR. The FSAR updates in 
Revision 10 of the CCNPP3 COL application satisfied the applicant's 
requested exemption of November 19, 2013, and the supplement follow up 
request of March 21, 2014.
    By a letter dated December 31, 2014 (ADAMS Accession No. 
ML15002A245), UNE submitted a request to the NRC, for exemption from 
the requirements of 10 CFR 50.71(e)(3)(iii) for delaying the scheduled 
2014 FSAR updates and proposed for approval a new submittal date of 
December 31, 2015. UNE's letter states that the requested exemption is 
a schedule change from the requirements of 10 CFR 50.71(e)(3)(iii) to 
accommodate the incorporation of the U.S. EPR Design Certification 
application revisions in an orderly and efficient manner. The current 
requirements to submit an FSAR update could not be changed, absent the 
exemption request.

III. 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 10 CFR 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 purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC 
has the most up-to-date information regarding the COL application, in 
order to perform an efficient and effective review. The rule targeted 
those applications that are being actively reviewed by the NRC. As 
requested by UNE in the above referenced letter dated February 27, 
2015, the NRC suspended the CCNPP3 COL application review until further 
notification by UNE. Therefore, updating the CCNPP3 FSAR would only 
cause undue hardship on UNE, and the purpose of 10 CFR 50.71(e)(3)(iii) 
would still be achieved so long as the next update is submitted by 
December 31, 2015, as committed to in UNE's exemption request letter.
    The requested exemption to defer submittal of the next update to 
the FSAR included in the CCNPP3 COL application 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 CCNPP3 COL application FSAR update on or before 
December 31, 2015. 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; 
therefore, neither the probability, nor the consequences, of postulated 
accidents are increased. Therefore, the requested exemption does not 
result in any 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 on or before December 31, 2015. This schedule change has no 
relation to security issues. Therefore, the common defense and security 
is not impacted by the 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)).
    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. This one-time exemption 
will support the NRC staff's effective and efficient review of the 
CCNPP3 COL application, when resumed, as well as issuance of the NRC 
staff's 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. For the above reasons, 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.

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

[[Page 21271]]

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 suspended. 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. While the environmental portion of 
the application review is complete in that the final environmental 
impact statement is already issued, the safety portion of the COL 
application review has been suspended and no license will be issued 
prior to the NRC resuming the review and receipt of the aforementioned 
application's December 31, 2015, 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, 2015, and also relates to the schedule for submitting 
COL FSAR updates to the NRC.

IV. 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). 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 NRC staff's 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 BBNPP COL 
application to allow submittal of the next FSAR update on or before 
December 31, 2015.
    Pursuant to 10 CFR 51.22, the Commission 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 effect on the quality of the human 
environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 9th day of April 2015.

    For the Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2015-08934 Filed 4-16-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices                                          21269

                                              Gallium-68 subcommittee report.                         NUCLEAR REGULATORY                                    the NRC’s PDR, Room O1–F21, One
                                              Meeting information, including a copy                   COMMISSION                                            White Flint North, 11555 Rockville
                                              of the agenda and handouts, will be                                                                           Pike, Rockville, Maryland 20852.
                                                                                                      [Docket No. 52–016; NRC–2008–0250]
                                              available at http://www.nrc.gov/reading-                                                                      FOR FURTHER INFORMATION CONTACT:
                                              rm/doc-collections/acmui/meetings/                      UniStar Nuclear Energy; Combined                      Surinder Arora, Office of New Reactors,
                                              2015.html. The agenda and handouts                      License Application for Calvert Cliffs                U.S. Nuclear Regulatory Commission,
                                              may also be obtained by contacting Ms.                  Nuclear Power Plant, Unit 3                           Washington, DC 20555–0001; telephone:
                                              Sophie Holiday using the information                                                                          301–415–1421, or email:
                                              below.                                                  AGENCY:  Nuclear Regulatory                           Surinder.Arora@nrc.gov.
                                                                                                      Commission.
                                              DATES:  The teleconference meeting will                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                      ACTION: Exemption; issuance.
                                              be held on Wednesday, August 12,                                                                              I. Background
                                              2015, 2:00 p.m. to 4:00 p.m. Eastern                    SUMMARY:   The U.S. Nuclear Regulatory
                                              Standard Time.                                          Commission (NRC) is issuing an                           On March 14, 2008, UNE, on behalf of
                                                                                                      exemption in response to a December                   Calvert Cliffs Nuclear Project, LLC and
                                                Public Participation: Any member of
                                                                                                      31, 2014, letter from UniStar Nuclear                 UniStar Operating services, LLC,
                                              the public who wishes to participate in
                                                                                                      Energy (UNE), on behalf of Calvert Cliffs             submitted to the NRC a COL
                                              the teleconference should contact Ms.
                                                                                                      Nuclear Project, LLC, and UniStar                     application, under subpart C of part 52
                                              Holiday using the contact information
                                                                                                      Operating Services, LLC, co-applicants                of Title 10 of the Code of Federal
                                              below.
                                                                                                      for the combined license (COL)                        Regulations (10 CFR) to construct and
                                                Contact Information: Ms. Sophie                                                                             operate a single unit of AREVA NP’s
                                              Holiday, U.S. Nuclear Regulatory                        application for the Calvert Cliffs Nuclear
                                                                                                      Power Plant Unit 3 (CCNPP3), which                    U.S. Evolutionary Power Reactor (EPR),
                                              Commission, Office of Nuclear Material                                                                        designated as Calvert Cliffs Nuclear
                                              Safety and Safeguards; by telephone:                    requested an exemption to delay the
                                                                                                      submission of the annual update of the                Power Plant Unit 3, at a site in Calvert
                                              (404) 997–4691; or by email:                                                                                  County, Maryland. The UNE application
                                              sophie.holiday@nrc.gov.                                 Final Safety Analysis Report (FSAR) to
                                                                                                      be included in their COL application.                 was docketed on June 3, 2008 (Docket
                                              Conduct of the Meeting                                  The NRC staff reviewed this request and               Number 52–016). UNE’s COL
                                                                                                      determined that it is appropriate to                  application for CCNPP3 incorporates by
                                                Dr. Bruce Thomadsen, ACMUI                                                                                  reference AREVA NP’s application for a
                                                                                                      grant the exemption to delay the FSAR
                                              Chairman, will preside over the                                                                               standard design certification for the U.S.
                                                                                                      update submittal up to December 31,
                                              meeting. Dr. Thomadsen will conduct                                                                           EPR. The NRC is currently performing
                                                                                                      2015.
                                              the meeting in a manner that will                                                                             concurrent reviews of the CCNPP3 COL
                                              facilitate the orderly conduct of                       ADDRESSES: Please refer to Docket ID
                                                                                                                                                            application as well as AREVA NP’s
                                              business. The following procedures                      NRC–2008–0250 when contacting the
                                                                                                                                                            application for design certification of
                                              apply to public participation in the                    NRC about the availability of
                                                                                                      information regarding this document.                  the U.S. EPR. UNE also had previously
                                              meeting:                                                                                                      requested an exemption on November
                                                1. Persons who wish to provide a                      You may access the publicly-available
                                                                                                      information related to this document                  19, 2013 (this request was later
                                              written statement should submit an                                                                            supplemented by UNE’s follow up
                                              electronic copy to Ms. Holiday at the                   using any of the following methods:
                                                                                                         • Federal Rulemaking Web site: Go to               updated request on March 21, 2014),
                                              contact information listed above. All                                                                         under 10 CFR 50.71(e)(3)(iii) to submit
                                                                                                      http://www.regulations.gov and search
                                              submittals must be received by August                                                                         the scheduled 2013 FSAR update, and
                                                                                                      for Docket ID NRC–2008–0250. Address
                                              07, 2015, three business days prior to                                                                        proposed, for approval, a new submittal
                                                                                                      questions about NRC dockets to Carol
                                              the meeting, and must pertain to the                                                                          deadline of December 31, 2014. The
                                                                                                      Gallagher; telephone: 301–415–3463;
                                              topic on the agenda for the meeting.                                                                          NRC reviewed the bases for the
                                                                                                      email: Carol.Gallagher@nrc.gov. For the
                                                2. Questions and comments from                        technical questions, contact the                      exemption request and granted the
                                              members of the public will be permitted                 individual listed in the FOR FURTHER                  exemption as described in Federal
                                              during the meetings, at the discretion of               INFORMATION CONTACT section of this                   Register notice published on September
                                              the Chairman.                                           document.                                             11, 2014 (79 FR 54303).
                                                3. The draft transcript and meeting                      • NRC’s Agencywide Documents                          By a letter dated December 16, 2014
                                              summary will be available on ACMUI’s                    Access and Management System                          (ADAMS Accession No. ML14351A301),
                                              Web site http://www.nrc.gov/reading-                    (ADAMS): You may obtain publicly-                     UNE requested that after January 2015,
                                              rm/doc-collections/acmui/meetings/                      available documents online in the                     the NRC defer its safety review portion
                                              2015.html on or about September 24,                     ADAMS Public Documents collection at                  of the Calvert Cliffs Unit 3 COL
                                              2015.                                                   http://www.nrc.gov/reading-rm/                        application until such time that UNE
                                                This meeting will be held in                          adams.html. To begin the search, select               formally requests that the NRC resume
                                              accordance with the Atomic Energy Act                   ‘‘ADAMS Public Documents’’ and then                   its review. The letter also stated that
                                              of 1954, as amended (primarily section                  select ‘‘Begin Web-based ADAMS                        UNE will monitor and evaluate progress
                                              161a); the Federal Advisory Committee                   Search.’’ For problems with ADAMS,                    of the technical issue resolution for the
                                              Act (5 U.S.C. App); and the                             please contact the NRC’s Public                       U.S. EPR FSAR and the development of
                                              Commission’s regulations in title 10 of                 Document Room (PDR) reference staff at                guidance necessary to address Foreign
                                              the Code of Federal Regulations part 7.                 1–800–397–4209, 301–415–4737, or by                   Ownership Control and Domination
                                                                                                      email to pdr.resource@nrc.gov. The                    (FOCD) prior to requesting the NRC to
                                                Dated at Rockville, Maryland, this 13th day
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      ADAMS accession number for each                       resume review. By letter dated February
                                              of April 2015.
                                                                                                      document referenced in this document                  27, 2015 (ADAMS Accession No.
                                                For the Nuclear Regulatory Commission.                                                                      ML15062A050), UNE requested that
                                                                                                      (if that document is available in
                                              Andrew L. Bates,                                        ADAMS) is provided the first time that                after March 6, 2015, the NRC suspend
                                              Advisory Committee Management Officer.                  a document is referenced.                             the Calvert Cliffs Unit 3 COL
                                              [FR Doc. 2015–08935 Filed 4–16–15; 8:45 am]                • NRC’s PDR: You may examine and                   application review until such time the
                                              BILLING CODE 7590–01–P                                  purchase copies of public documents at                UNE formally requests that the NRC


                                         VerDate Sep<11>2014   01:21 Apr 17, 2015   Jkt 235001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                              21270                            Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices

                                              resume its review. The letter also stated               underlying purpose of the rule (10 CFR                created by the exemption; therefore,
                                              that UNE will continue to monitor the                   50.12(a)(2)(ii)); or (2) the exemption                neither the probability, nor the
                                              U.S. EPR Design Certification efforts, as               would provide only temporary relief                   consequences, of postulated accidents
                                              well as other project conditions such as                from the applicable regulation and the                are increased. Therefore, the requested
                                              foreign ownership guidance, loan                        licensee or applicant has made good                   exemption does not result in any undue
                                              guarantee availability and the electricity              faith efforts to comply with the                      risk to public health and safety.
                                              market, among others.                                   regulation (10 CFR 50.12(a)(2)(v)).
                                                                                                         The purpose of 10 CFR 50.71(e)(3)(iii)             Consistent With Common Defense and
                                              II. Request/Action                                      is to ensure that the NRC has the most                Security
                                                 The regulations at 10 CFR                            up-to-date information regarding the                     The requested exemption would
                                              50.71(e)(3)(iii) require that an applicant              COL application, in order to perform an               allow UNE to submit the next FSAR
                                              for a COL under 10 CFR part 52 shall,                   efficient and effective review. The rule              update on or before December 31, 2015.
                                              during the period from docketing of a                   targeted those applications that are                  This schedule change has no relation to
                                              COL application and until the                           being actively reviewed by the NRC. As                security issues. Therefore, the common
                                              Commission makes a finding under 10                     requested by UNE in the above                         defense and security is not impacted by
                                              CFR 52.103(g) pertaining to facility                    referenced letter dated February 27,                  the exemption.
                                              operation, submit an annual update to                   2015, the NRC suspended the CCNPP3                    Special Circumstances
                                              the application’s FSAR, which is Part 2                 COL application review until further
                                              of the COL application. Pursuant to 10                  notification by UNE. Therefore,                          Special circumstances, in accordance
                                              CFR 50.71(e)(3)(iii), the next annual                   updating the CCNPP3 FSAR would only                   with 10 CFR 50.12(a)(2), are present
                                              update of the FSAR for the CCNPP3                       cause undue hardship on UNE, and the                  whenever: (1) Application of the
                                              COL application would have been due                     purpose of 10 CFR 50.71(e)(3)(iii) would              regulation in the particular
                                              by December 31, 2014.                                   still be achieved so long as the next                 circumstances would not serve the
                                                 On September 30, 2014, UNE                           update is submitted by December 31,                   underlying purpose of the rule or is not
                                              submitted Revision 10 of the COL                        2015, as committed to in UNE’s                        necessary to achieve the underlying
                                              application, including updates to the                   exemption request letter.                             purpose of the rule (10 CFR
                                              FSAR. The FSAR updates in Revision                         The requested exemption to defer                   50.12(a)(2)(ii)); or (2) The exemption
                                              10 of the CCNPP3 COL application                        submittal of the next update to the                   would provide only temporary relief
                                              satisfied the applicant’s requested                     FSAR included in the CCNPP3 COL                       from the applicable regulation and the
                                              exemption of November 19, 2013, and                     application would provide only                        licensee or applicant has made good
                                              the supplement follow up request of                     temporary relief from the regulations of              faith efforts to comply with the
                                              March 21, 2014.                                         10 CFR 50.71(e)(3)(iii).                              regulation (10 CFR 50.12(a)(2)(v)).
                                                 By a letter dated December 31, 2014                                                                           As discussed above, the requested
                                              (ADAMS Accession No. ML15002A245),                      Authorized by Law                                     one-time exemption is solely
                                              UNE submitted a request to the NRC, for                   The exemption is a one-time schedule                administrative in nature, in that it
                                              exemption from the requirements of 10                   exemption from the requirements of 10                 pertains to a one-time schedule change
                                              CFR 50.71(e)(3)(iii) for delaying the                   CFR 50.71(e)(3)(iii). The exemption                   for submittal of revisions to an
                                              scheduled 2014 FSAR updates and                         would allow UNE to submit the next                    application under 10 CFR part 52, for
                                              proposed for approval a new submittal                   CCNPP3 COL application FSAR update                    which a license has not been granted.
                                              date of December 31, 2015. UNE’s letter                 on or before December 31, 2015. Per 10                This one-time exemption will support
                                              states that the requested exemption is a                CFR 50.12, the NRC staff has                          the NRC staff’s effective and efficient
                                              schedule change from the requirements                   determined that granting UNE the                      review of the CCNPP3 COL application,
                                              of 10 CFR 50.71(e)(3)(iii) to                           requested one-time exemption from the                 when resumed, as well as issuance of
                                              accommodate the incorporation of the                    requirements of 10 CFR 50.71(e)(3)(iii)               the NRC staff’s safety evaluation report.
                                              U.S. EPR Design Certification                           will provide only temporary relief from               For this reason, application of 10 CFR
                                              application revisions in an orderly and                 this regulation and will not result in a              50.71(e)(3)(iii) in the particular
                                              efficient manner. The current                           violation of the Atomic Energy Act of                 circumstances is not necessary to
                                              requirements to submit an FSAR update                   1954, as amended, or the NRC’s                        achieve the underlying purpose of that
                                              could not be changed, absent the                        regulations. Therefore, the exemption is              rule. Therefore, special circumstances
                                              exemption request.                                      authorized by law.                                    exist under 10 CFR 50.12(a)(2)(ii). In
                                                                                                                                                            addition, special circumstances are also
                                              III. Discussion                                         No Undue Risk to Public Health and
                                                                                                                                                            present under 10 CFR 50.12(a)(2)(v)
                                                 Pursuant to 10 CFR 50.12, the NRC                    Safety
                                                                                                                                                            because granting a one-time exemption
                                              may, upon application by any interested                    The underlying purpose of 10 CFR                   from 10 CFR 50.71(e)(3)(iii), would
                                              person or upon its own initiative, grant                50.71(e)(3)(iii) is to provide for a timely           provide only temporary relief. For the
                                              exemptions from the requirements of 10                  and comprehensive update of the FSAR                  above reasons, the special
                                              CFR part 50, including 10 CFR                           associated with a COL application in                  circumstances required by 10 CFR
                                              50.71(e)(3)(iii), when: (1) The                         order to support an effective and                     50.12(a)(2) for the granting of an
                                              exemptions are authorized by law, will                  efficient review by the NRC staff and                 exemption from 10 CFR 50.71(e)(3)(iii)
                                              not present an undue risk to public                     issuance of the NRC staff’s safety                    exist.
                                              health or safety, and are consistent with               evaluation report. The requested
                                              the common defense and security; and                    exemption is solely administrative in                 Eligibility for Categorical Exclusion
                                                                                                                                                            From Environmental Review
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                                              (2) special circumstances are present. As               nature, in that it pertains to the
                                              relevant to the requested exemption,                    schedule for submittal to the NRC of                     With respect to the exemption’s
                                              special circumstances exist if: (1)                     revisions to an application under 10                  impact on the quality of the human
                                              Application of the regulation in the                    CFR part 52, for which a license has not              environment, the NRC has determined
                                              particular circumstances would not                      been granted. Based on the nature of the              that this specific exemption request is
                                              serve the underlying purpose of the rule                requested exemption as described                      eligible for categorical exclusion as
                                              or is not necessary to achieve the                      above, no new accident precursors are                 identified in 10 CFR 51.22(c)(25). Under


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                                                                               Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices                                                21271

                                              10 CFR 51.22(c)(25), granting of an                        II. 10 CFR 51.22(c)(25)(ii): There is no           exemption will support the NRC staff’s
                                              exemption from the requirements of any                  significant change in the types or                    effective and efficient review of the COL
                                              regulation of 10 CFR Chapter 1 (which                   significant increase in the amounts of                application, when resumed, as well as
                                              includes 10 CFR 50.71(e)(3)(iii)) is an                 any effluents that may be released                    issuance of the NRC staff’s safety
                                              action that is a categorical exclusion,                 offsite.                                              evaluation report. Therefore, the NRC
                                              provided that:                                             Staff Analysis: The proposed action                hereby grants UNE a one-time
                                                 (i) There is no significant hazards                  involves only a schedule change, which                exemption from the requirements of 10
                                              consideration;                                          is administrative in nature, and does not             CFR 50.71(e)(3)(iii) pertaining to the
                                                 (ii) There is no significant change in               involve any changes in the types or                   BBNPP COL application to allow
                                              the types or significant increase in the                significant increase in the amounts of                submittal of the next FSAR update on or
                                              amounts of any effluents that may be                    effluents that may be released offsite.               before December 31, 2015.
                                              released offsite;                                          III. 10 CFR 51.22(c)(25)(iii): There is               Pursuant to 10 CFR 51.22, the
                                                 (iii) There is no significant increase in            no significant increase in individual or              Commission has determined that the
                                              individual or cumulative public or                      cumulative public or occupational                     exemption request meets the applicable
                                              occupational radiation exposure;                        radiation exposure.                                   categorical exclusion criteria set forth in
                                                 (iv) There is no significant                            Staff Analysis: Since the proposed                 10 CFR 51.22(c)(25), and the granting of
                                              construction impact;                                    action involves only a schedule change,               this exemption will not have a
                                                 (v) There is no significant increase in              which is administrative in nature, it                 significant effect on the quality of the
                                              the potential for or consequences from                  does not contribute to any significant                human environment.
                                              radiological accidents; and                             increase in occupational or public                       This exemption is effective upon
                                                 (vi) The requirements from which an                  radiation exposure.                                   issuance.
                                              exemption is sought involve:                               IV. 10 CFR 51.22(c)(25)(iv): There is
                                                                                                                                                              Dated at Rockville, Maryland, this 9th day
                                                 (A) Recordkeeping requirements;                      no significant construction impact.
                                                                                                                                                            of April 2015.
                                                 (B) Reporting requirements;                             Staff Analysis: The proposed action
                                                 (C) Inspection or surveillance                       involves only a schedule change which                   For the Nuclear Regulatory Commission.
                                              requirements;                                           is administrative in nature. While the                Frank Akstulewicz,
                                                 (D) Equipment servicing or                           environmental portion of the                          Director, Division of New Reactor Licensing,
                                              maintenance scheduling requirements;                    application review is complete in that                Office of New Reactors.
                                                 (E) Education, training, experience,                 the final environmental impact                        [FR Doc. 2015–08934 Filed 4–16–15; 8:45 am]
                                              qualification, requalification or other                 statement is already issued, the safety               BILLING CODE 7590–01–P
                                              employment suitability requirements;                    portion of the COL application review
                                                 (F) Safeguard plans, and materials                   has been suspended and no license will
                                              control and accounting inventory                        be issued prior to the NRC resuming the               NUCLEAR REGULATORY
                                              scheduling requirements;                                review and receipt of the                             COMMISSION
                                                 (G) Scheduling requirements;                         aforementioned application’s December                 [Docket Nos. 50–206, 50–361, 50–362, and
                                                 (H) Surety, insurance or indemnity                   31, 2015, submittal of the revised FSAR;              72–41; NRC–2015–0093]
                                              requirements; or                                        therefore, the proposed action does not
                                                 (I) Other requirements of an                         involve any construction impact.                      Southern California Edison Company
                                              administrative, managerial, or                             V. 10 CFR 51.22(c)(25)(v): There is no             San Onofre Nuclear Generating
                                              organizational nature.                                  significant increase in the potential for             Station, Units 1, 2, and 3, and
                                                 The requirements from which this                     or consequences from radiological                     Independent Spent Fuel Storage
                                              exemption is sought involve only ‘‘(B)                  accidents.                                            Installation
                                              Reporting requirements’’ or ‘‘(G)                          Staff Analysis: The proposed action
                                              Scheduling requirements’’ of those                      involves only a schedule change which                 AGENCY:  Nuclear Regulatory
                                              required by 10 CFR 51.22(c)(25)(vi).                    is administrative in nature and does not              Commission.
                                                 The NRC staff’s determination that                   impact the probability or consequences                ACTION: Environmental assessment and
                                              each of the applicable criteria for this                of accidents.                                         finding of no significant impact;
                                              categorical exclusion is met as follows:                   VI. 10 CFR 51.22(c)(25)(vi): The                   issuance.
                                                 I. 10 CFR 51.22(c)(25)(i): There is no               requirements from which this
                                              significant hazards consideration.                      exemption is sought involve only ‘‘(B)                SUMMARY:   The U.S. Nuclear Regulatory
                                                 Staff Analysis: The criteria for                     Reporting requirements’’ or ‘‘(G)                     Commission (NRC) is considering
                                              determining if an exemption involves a                  Scheduling requirements.’’                            issuance of exemptions in response to a
                                              significant hazards consideration are                      Staff Analysis: The exemption request              request from Southern California Edison
                                              found in 10 CFR 50.92. The proposed                     involves requirements in both of these                Company (SCE or the licensee) that
                                              action involves only a schedule change                  categories because it involves                        would permit the licensee to reduce its
                                              regarding the submission of an update                   submitting an updated COL FSAR by                     emergency planning (EP) activities at
                                              to the application for which the                        December 31, 2015, and also relates to                the San Onofre Nuclear Generating
                                              licensing review is currently suspended.                the schedule for submitting COL FSAR                  Station (SONGS), Units 1, 2, and 3, and
                                              Therefore, there are no significant                     updates to the NRC.                                   the Independent Spent Fuel Storage
                                              hazard considerations because granting                                                                        Installation (ISFSI). The licensee is
                                              the proposed exemption would not:                       IV. Conclusion                                        seeking exemptions that would
                                                 (1) Involve a significant increase in                  The NRC has determined that,                        eliminate the requirements to maintain
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                                              the probability or consequences of an                   pursuant to 10 CFR 50.12, the                         offsite radiological emergency plans and
                                              accident previously evaluated; or                       exemption is authorized by law, will not              reduce some of the onsite EP activities
                                                 (2) Create the possibility of a new or               present an undue risk to the public                   based on the reduced risks at the
                                              different kind of accident from any                     health and safety, and is consistent with             permanently shutdown and defueled
                                              accident previously evaluated; or                       the common defense and security. Also,                reactors. Offsite emergency planning
                                                 (3) Involve a significant reduction in               special circumstances exist under 10                  provisions would still exist using a
                                              a margin of safety.                                     CFR 50.12(a)(2)(ii). This one-time                    comprehensive emergency management


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Document Created: 2015-12-18 11:20:04
Document Modified: 2015-12-18 11:20:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
ContactSurinder Arora, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-1421, or email: [email protected]
FR Citation80 FR 21269 

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