80_FR_80645 80 FR 80398 - Bell Bend, LLC; Combined License Application for Bell Bend Nuclear Power Plant

80 FR 80398 - Bell Bend, LLC; Combined License Application for Bell Bend Nuclear Power Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80398-80400
FR Document2015-32512

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in a response to an October 7, 2015, letter from Bell Bend, 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 safety review or by December 31, 2016, whichever comes first.

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80398-80400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32512]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-039; NRC-2008-0603]


Bell Bend, LLC; Combined License Application for Bell Bend 
Nuclear Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in a response to an October 7, 2015, letter from Bell Bend, 
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 safety review or by December 31, 2016, whichever 
comes first.

DATES: The exemption is effective on December 31, 2015.

ADDRESSES: Please refer to Docket ID NRC-2008-0603 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0603. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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]. The 
ADAMS accession number for each document referenced (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: Patricia Vokoun, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3470; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 10, 2008, Bell Bend, LLC (formerly known as PPL) 
submitted to the NRC a COL application for a single unit of AREVA NP's 
U.S. Evolutionary Power Reactor (EPR) (ADAMS Accession No. ML082890663) 
in accordance with the requirements of subpart C of part 52 of title 10 
of the Code of Federal Regulations (CFR), ``Licenses, Certifications, 
and Approvals for Nuclear Power Plants.'' This reactor is to be 
constructed and operated as Bell Bend Nuclear Power Plant (BBNPP), in 
Luzerne County, Pennsylvania. The NRC docketed the BBNPP COL 
application on December 19, 2008 (Docket Number 52-039). Additionally, 
the BBNPP COL application incorporates by reference AREVA NP's 
application for a standard design certification for the U.S. EPR. The 
NRC review of the AREVA NP application for design certification of the 
U.S. EPR has been suspended.

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 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 included in the BBNPP COL application would be due 
by December 31, 2015.
    On January 9, 2014, Bell Bend, LLC (formerly known as PPL) 
submitted a request to place the safety review of the BBNPP COL 
application on hold until further notice (ADAMS Accession No. 
ML14030A074). As a result of the safety review being placed on hold, no 
informational updates to the FSAR have occurred during this time. On 
October 7, 2015, Bell Bend, LLC requested an exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the BBNPP COL application FSAR 
update in calendar year 2015 (ADAMS Accession No. ML15300A070).
    The Bell Bend, LLC's requested exemption is a one-time schedule 
change from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption 
would allow Bell Bend, LLC to submit the next FSAR update at a later 
date but no later than December 31, 2016. The current requirement to 
submit an FSAR update could not be changed, absent the exemption.

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

[[Page 80399]]

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 Bell Bend, LLC (formerly known as PPL) in the above 
referenced letter dated January 9, 2014, the NRC placed the safety 
review portion of the BBNPP COL application on hold until further 
notice. Therefore, updating the BBNPP FSAR would only cause undue 
hardship on Bell Bend, LLC, 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, 2016.
    The requested exemption to defer submittal of the next update to 
the FSAR included in the BBNPP 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 change from the requirements 
of 10 CFR 50.71(e)(3)(iii). The exemption would allow PPL to submit the 
next BBNPP COL application FSAR update on or before December 31, 2016. 
Per 10 CFR 50.12, the NRC staff has determined that granting Bell Bend, 
LLC 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, there is no undue risk to public 
health and safety.

Consistent With Common Defense and Security

    The requested exemption would allow Bell Bend, LLC to submit the 
next FSAR update on or before December 31, 2016. 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)).
    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 
BBNPP 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 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 only the 
environmental portion of 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.

[[Page 80400]]

    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 underway, the safety portion of the COL 
application review is on hold and no license will be issued prior to 
receipt of the aforementioned application's December 31, 2016, 
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, 2016, 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 Bell Bend, LLC 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, 2016.
    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 16th day of December 2015.

    For the Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2015-32512 Filed 12-23-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                  80398                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  process by which a licensee makes                       resumption of the COL application                     NRC docketed the BBNPP COL
                                                  changes to its emergency plan, provided                 safety review or by December 31, 2016,                application on December 19, 2008
                                                  in response to misinterpretations of the                whichever comes first.                                (Docket Number 52–039). Additionally,
                                                  NRC’s regulations by licensees, do not                  DATES: The exemption is effective on                  the BBNPP COL application
                                                  constitute modifications of or additions                December 31, 2015.                                    incorporates by reference AREVA NP’s
                                                  to systems, structures, components, or                  ADDRESSES: Please refer to Docket ID                  application for a standard design
                                                  design of a facility; or the procedures or              NRC–2008–0603 when contacting the                     certification for the U.S. EPR. The NRC
                                                  organization required to design,                        NRC about the availability of                         review of the AREVA NP application for
                                                  construct or operate a facility within the              information regarding this document.                  design certification of the U.S. EPR has
                                                  meaning of 50.109(a)(1). Accordingly,                   You may obtain publicly-available                     been suspended.
                                                  the issuance of this regulatory guide                   information related to this document                  II. Request/Action
                                                  would not constitute ‘‘backfitting’’ as                 using any of the following methods:                      The regulations at 10 CFR
                                                  defined in 50.109(a)(1) or otherwise be                    • Federal Rulemaking Web site: Go to
                                                  inconsistent with the applicable issue                                                                        50.71(e)(3)(iii) require that an applicant
                                                                                                          http://www.regulations.gov and search
                                                  finality provisions in part 52.                                                                               for a COL under 10 CFR part 52 shall,
                                                                                                          for Docket ID NRC–2008–0603. Address
                                                     This regulatory guide may be applied                                                                       during the period from docketing of a
                                                                                                          questions about NRC dockets to Carol
                                                  to applications for operating licenses                                                                        COL application until the Commission
                                                                                                          Gallagher; telephone: 301–415–3463;
                                                  and combined licenses docketed by the                                                                         makes a finding under 10 CFR 52.103(g)
                                                                                                          email: Carol.Gallagher@nrc.gov. For
                                                  NRC as of the date of issuance of the                                                                         pertaining to facility operation, submit
                                                                                                          technical questions, contact the                      an annual update to the application’s
                                                  final regulatory guide, as well as future               individual listed in the FOR FURTHER
                                                  applications for operating licenses and                                                                       FSAR, which is part 2 of the COL
                                                                                                          INFORMATION CONTACT section of this
                                                  combined licenses submitted after the                                                                         application. Pursuant to 10 CFR
                                                                                                          document.                                             50.71(e)(3)(iii), the next annual update
                                                  issuance of this regulatory guide. Such                    • NRC’s Agencywide Documents
                                                  action would not constitute backfitting                                                                       of the FSAR included in the BBNPP
                                                                                                          Access and Management System                          COL application would be due by
                                                  as defined in 50.109(a)(1) or otherwise                 (ADAMS): You may obtain publicly-
                                                  be inconsistent with the applicable                                                                           December 31, 2015.
                                                                                                          available documents online in the                        On January 9, 2014, Bell Bend, LLC
                                                  issue finality provisions in 10 CFR part                ADAMS Public Documents collection at                  (formerly known as PPL) submitted a
                                                  52, inasmuch as such applicants or                      http://www.nrc.gov/reading-rm/                        request to place the safety review of the
                                                  potential applicants are not within the                 adams.html. To begin the search, select               BBNPP COL application on hold until
                                                  scope of entities protected by the Backfit              ‘‘ADAMS Public Documents’’ and then                   further notice (ADAMS Accession No.
                                                  Rule or the relevant issue finality                     select ‘‘Begin Web-based ADAMS                        ML14030A074). As a result of the safety
                                                  provisions in part 52.                                  Search.’’ For problems with ADAMS,                    review being placed on hold, no
                                                     Dated at Rockville, Maryland, this 18th day          please contact the NRC’s Public                       informational updates to the FSAR have
                                                  of December, 2015.                                      Document Room (PDR) reference staff at                occurred during this time. On October 7,
                                                     For the Nuclear Regulatory Commission.               1–800–397–4209, 301–415–4737, or by                   2015, Bell Bend, LLC requested an
                                                  Thomas H. Boyce,                                        email to pdr.resource@nrc.gov. The                    exemption from the 10 CFR
                                                  Chief, Regulatory Guidance and Generic                  ADAMS accession number for each                       50.71(e)(3)(iii) requirements to submit
                                                  Issues Branch, Division of Engineering, Office          document referenced (if that document                 the BBNPP COL application FSAR
                                                  of Nuclear Regulatory Research.                         is available in ADAMS) is provided the                update in calendar year 2015 (ADAMS
                                                  [FR Doc. 2015–32413 Filed 12–23–15; 8:45 am]            first time that a document is referenced.             Accession No. ML15300A070).
                                                  BILLING CODE 7590–01–P
                                                                                                             • NRC’s PDR: You may examine and                      The Bell Bend, LLC’s requested
                                                                                                          purchase copies of public documents at                exemption is a one-time schedule
                                                                                                          the NRC’s PDR, Room O1–F21, One                       change from the requirements of 10 CFR
                                                  NUCLEAR REGULATORY                                      White Flint North, 11555 Rockville                    50.71(e)(3)(iii). The exemption would
                                                  COMMISSION                                              Pike, Rockville, Maryland 20852.                      allow Bell Bend, LLC to submit the next
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      FSAR update at a later date but no later
                                                  [Docket No. 52–039; NRC–2008–0603]                      Patricia Vokoun, Office of New                        than December 31, 2016. The current
                                                                                                          Reactors, U.S. Nuclear Regulatory                     requirement to submit an FSAR update
                                                  Bell Bend, LLC; Combined License
                                                                                                          Commission, Washington, DC 20555–                     could not be changed, absent the
                                                  Application for Bell Bend Nuclear
                                                                                                          0001; telephone: 301–415–3470; email:                 exemption.
                                                  Power Plant
                                                                                                          Patricia.Vokoun@nrc.gov.
                                                  AGENCY:  Nuclear Regulatory                                                                                   III. Discussion
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Commission.                                                                                                      Pursuant to 10 CFR 50.12, the NRC
                                                                                                          I. Background                                         may, upon application by any interested
                                                  ACTION: Exemption; issuance.
                                                                                                             On October 10, 2008, Bell Bend, LLC                person or upon its own initiative, grant
                                                  SUMMARY:    The U.S. Nuclear Regulatory                 (formerly known as PPL) submitted to                  exemptions from the requirements of 10
                                                  Commission (NRC) is issuing an                          the NRC a COL application for a single                CFR part 50, including 10 CFR
                                                  exemption in a response to an October                   unit of AREVA NP’s U.S. Evolutionary                  50.71(e)(3)(iii) when: (1) The
                                                  7, 2015, letter from Bell Bend, LLC,                    Power Reactor (EPR) (ADAMS                            exemptions are authorized by law, will
                                                  which requested an exemption from                       Accession No. ML082890663) in                         not present an undue risk to public
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Final Safety Analysis Report (FSAR)                     accordance with the requirements of                   health or safety, and are consistent with
                                                  updates included in their combined                      subpart C of part 52 of title 10 of the               the common defense and security; and
                                                  license (COL) application. The NRC staff                Code of Federal Regulations (CFR),                    (2) special circumstances are present. As
                                                  reviewed this request and determined                    ‘‘Licenses, Certifications, and Approvals             relevant to the requested exemption,
                                                  that it is appropriate to grant the                     for Nuclear Power Plants.’’ This reactor              special circumstances exist if: (1)
                                                  exemption, but stipulated that the                      is to be constructed and operated as Bell             Application of the regulation in the
                                                  updates to the FSAR must be submitted                   Bend Nuclear Power Plant (BBNPP), in                  particular circumstances would not
                                                  prior to, or coincident with, the                       Luzerne County, Pennsylvania. The                     serve the underlying purpose of the rule


                                             VerDate Sep<11>2014   17:57 Dec 23, 2015   Jkt 238001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\24DEN1.SGM   24DEN1


                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                            80399

                                                  or is not necessary to achieve the                      above, no new accident precursors are                 10 CFR 51.22(c)(25), granting of an
                                                  underlying purpose of the rule (10 CFR                  created by the exemption; therefore,                  exemption from the requirements of any
                                                  50.12(a)(2)(ii)); or (2) the exemption                  neither the probability, nor the                      regulation of 10 CFR Chapter 1 (which
                                                  would provide only temporary relief                     consequences, of postulated accidents                 includes 10 CFR 50.71(e)(3)(iii)) is an
                                                  from the applicable regulation and the                  are increased. Therefore, there is no                 action that is a categorical exclusion,
                                                  licensee or applicant has made good                     undue risk to public health and safety.               provided that:
                                                  faith efforts to comply with the                                                                                (i) There is no significant hazards
                                                                                                          Consistent With Common Defense and                    consideration;
                                                  regulation (10 CFR 50.12(a)(2)(v)).
                                                     The purpose of 10 CFR 50.71(e)(3)(iii)               Security                                                (ii) There is no significant change in
                                                  is to ensure that the NRC has the most                     The requested exemption would                      the types or significant increase in the
                                                  up-to-date information regarding the                    allow Bell Bend, LLC to submit the next               amounts of any effluents that may be
                                                  COL application, in order to perform an                 FSAR update on or before December 31,                 released offsite;
                                                  efficient and effective review. The rule                2016. This schedule change has no                       (iii) There is no significant increase in
                                                  targeted those applications that are                    relation to security issues. Therefore,               individual or cumulative public or
                                                  being actively reviewed by the NRC. As                  the common defense and security is not                occupational radiation exposure;
                                                  requested by Bell Bend, LLC (formerly                   impacted by this exemption.                             (iv) There is no significant
                                                  known as PPL) in the above referenced                                                                         construction impact;
                                                                                                          Special Circumstances                                   (v) There is no significant increase in
                                                  letter dated January 9, 2014, the NRC
                                                  placed the safety review portion of the                    Special circumstances, in accordance               the potential for or consequences from
                                                  BBNPP COL application on hold until                     with 10 CFR 50.12(a)(2), are present                  radiological accidents; and
                                                  further notice. Therefore, updating the                 whenever: (1) Application of the                        (vi) The requirements from which an
                                                  BBNPP FSAR would only cause undue                       regulation in the particular                          exemption is sought involve:
                                                  hardship on Bell Bend, LLC, and the                     circumstances would not serve the                       (A) Recordkeeping requirements;
                                                  purpose of 10 CFR 50.71(e)(3)(iii) would                underlying purpose of the rule or is not                (B) Reporting requirements;
                                                                                                          necessary to achieve the underlying                     (C) Inspection or surveillance
                                                  still be achieved so long as the next
                                                                                                          purpose of the rule (10 CFR                           requirements;
                                                  update is submitted by December 31,
                                                                                                          50.12(a)(2)(ii)); or (2) the exemption                  (D) Equipment servicing or
                                                  2016.
                                                                                                          would provide only temporary relief                   maintenance scheduling requirements;
                                                     The requested exemption to defer
                                                                                                          from the applicable regulation and the                  (E) Education, training, experience,
                                                  submittal of the next update to the
                                                                                                          licensee or applicant has made good                   qualification, requalification or other
                                                  FSAR included in the BBNPP COL
                                                                                                          faith efforts to comply with the                      employment suitability requirements;
                                                  application would provide only                                                                                  (F) Safeguard plans, and materials
                                                  temporary relief from the regulations of                regulation (10 CFR 50.12(a)(2)(v)).
                                                                                                             As discussed above, the requested                  control and accounting inventory
                                                  10 CFR 50.71(e)(3)(iii).                                                                                      scheduling requirements;
                                                                                                          one-time exemption is solely
                                                  Authorized by Law                                                                                               (G) Scheduling requirements;
                                                                                                          administrative in nature, in that it                    (H) Surety, insurance or indemnity
                                                     The exemption is a one-time schedule                 pertains to a one-time schedule change                requirements; or
                                                  change from the requirements of 10 CFR                  for submittal of revisions to an                        (I) Other requirements of an
                                                  50.71(e)(3)(iii). The exemption would                   application under 10 CFR part 52, for                 administrative, managerial, or
                                                  allow PPL to submit the next BBNPP                      which a license has not been granted.                 organizational nature.
                                                  COL application FSAR update on or                       This one-time exemption will support                    The requirements from which this
                                                  before December 31, 2016. Per 10 CFR                    the NRC staff’s effective and efficient               exemption is sought involve only ‘‘(B)
                                                  50.12, the NRC staff has determined that                review of the BBNPP COL application,                  Reporting requirements’’ or ‘‘(G)
                                                  granting Bell Bend, LLC the requested                   when resumed, as well as issuance of                  Scheduling requirements’’ of those
                                                  one-time exemption from the                             the NRC staff’s safety evaluation report.             required by 10 CFR 51.22(c)(25)(vi).
                                                  requirements of 10 CFR 50.71(e)(3)(iii)                 For this reason, application of 10 CFR                  The NRC staff’s determination that
                                                  will provide only temporary relief from                 50.71(e)(3)(iii) in the particular                    each of the applicable criteria for this
                                                  this regulation and will not result in a                circumstances is not necessary to                     categorical exclusion is met as follows:
                                                  violation of the Atomic Energy Act of                   achieve the underlying purpose of that                  I. 10 CFR 51.22(c)(25)(i): There is no
                                                  1954, as amended, or the NRC’s                          rule. Therefore, special circumstances                significant hazards consideration.
                                                  regulations. Therefore, the exemption is                exist under 10 CFR 50.12(a)(2)(ii). In                  Staff Analysis: The criteria for
                                                  authorized by law.                                      addition, special circumstances are also              determining if an exemption involves a
                                                                                                          present under 10 CFR 50.12(a)(2)(v)                   significant hazards consideration are
                                                  No Undue Risk to Public Health and
                                                                                                          because granting a one-time exemption                 found in 10 CFR 50.92. The proposed
                                                  Safety
                                                                                                          from 10 CFR 50.71(e)(3)(iii) would                    action involves only a schedule change
                                                     The underlying purpose of 10 CFR                     provide only temporary relief. For the                regarding the submission of an update
                                                  50.71(e)(3)(iii) is to provide for a timely             above reasons, the special                            to the application for which only the
                                                  and comprehensive update of the FSAR                    circumstances required by 10 CFR                      environmental portion of the licensing
                                                  associated with a COL application in                    50.12(a)(2) for the granting of an                    review is currently underway.
                                                  order to support an effective and                       exemption from 10 CFR 50.71(e)(3)(iii)                Therefore, there are no significant
                                                  efficient review by the NRC staff and                   exist.                                                hazard considerations because granting
                                                  issuance of the NRC staff’s safety                                                                            the proposed exemption would not:
                                                                                                          Eligibility for Categorical Exclusion
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                                                  evaluation report. The requested                                                                                (1) Involve a significant increase in
                                                  exemption is solely administrative in                   From Environmental Review
                                                                                                                                                                the probability or consequences of an
                                                  nature, in that it pertains to the                         With respect to the exemption’s                    accident previously evaluated; or
                                                  schedule for submittal to the NRC of                    impact on the quality of the human                      (2) Create the possibility of a new or
                                                  revisions to an application under 10                    environment, the NRC has determined                   different kind of accident from any
                                                  CFR part 52, for which a license has not                that this specific exemption request is               accident previously evaluated; or
                                                  been granted. Based on the nature of the                eligible for categorical exclusion as                   (3) Involve a significant reduction in
                                                  requested exemption as described                        identified in 10 CFR 51.22(c)(25). Under              a margin of safety.


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                                                  80400                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                     II. 10 CFR 51.22(c)(25)(ii): There is no             issuance of the NRC staff’s safety                    ensure consideration only for comments
                                                  significant change in the types or                      evaluation report. Therefore, the NRC                 received before this date.
                                                  significant increase in the amounts of                  hereby grants Bell Bend, LLC a one-time               ADDRESSES: You may submit comments
                                                  any effluents that may be released                      exemption from the requirements of 10                 by any of the following methods (unless
                                                  offsite.                                                CFR 50.71(e)(3)(iii) pertaining to the                this document describes a different
                                                     Staff Analysis: The proposed action                  BBNPP COL application to allow                        method for submitting comments on a
                                                  involves only a schedule change, which                  submittal of the next FSAR update on or               specific subject):
                                                  is administrative in nature, and does not               before December 31, 2016.                               • Federal Rulemaking Web site: Go to
                                                  involve any changes in the types or                        Pursuant to 10 CFR 51.22, the                      http://www.regulations.gov and search
                                                  significant increase in the amounts of                  Commission has determined that the                    for Docket ID NRC–2015–0207. Address
                                                  effluents that may be released offsite.                 exemption request meets the applicable                questions about NRC dockets to Carol
                                                     III. 10 CFR 51.22(c)(25)(iii): There is              categorical exclusion criteria set forth in           Gallagher; telephone: 301–415–3463;
                                                  no significant increase in individual or                10 CFR 51.22(c)(25), and the granting of              email: Carol.Gallagher@nrc.gov. For
                                                  cumulative public or occupational                       this exemption will not have a                        technical questions, contact the
                                                  radiation exposure.                                     significant effect on the quality of the              individual listed in the FOR FURTHER
                                                     Staff Analysis: Since the proposed                   human environment.                                    INFORMATION CONTACT section of this
                                                  action involves only a schedule change,                    This exemption is effective upon                   document.
                                                  which is administrative in nature, it                   issuance.                                               • Mail comments to: Cindy Bladey,
                                                  does not contribute to any significant                    Dated at Rockville, Maryland, this 16th day         Office of Administration, Mail Stop:
                                                  increase in occupational or public                      of December 2015.                                     OWFN–12–H08, U.S. Nuclear
                                                  radiation exposure.                                       For the Nuclear Regulatory Commission.              Regulatory Commission, Washington,
                                                     IV. 10 CFR 51.22(c)(25)(iv): There is                                                                      DC 20555–0001.
                                                  no significant construction impact.                     Frank Akstulewicz,
                                                                                                                                                                  For additional direction on obtaining
                                                     Staff Analysis: The proposed action                  Director, Division of New Reactor Licensing,
                                                                                                                                                                information and submitting comments,
                                                  involves only a schedule change which                   Office of New Reactors.
                                                                                                                                                                see ‘‘Obtaining Information and
                                                  is administrative in nature. While the                  [FR Doc. 2015–32512 Filed 12–23–15; 8:45 am]
                                                                                                                                                                Submitting Comments’’ in the
                                                  environmental portion of the                            BILLING CODE 7590–01–P
                                                                                                                                                                SUPPLEMENTARY INFORMATION section of
                                                  application review is underway, the                                                                           this document.
                                                  safety portion of the COL application                                                                         FOR FURTHER INFORMATION CONTACT:
                                                  review is on hold and no license will be                NUCLEAR REGULATORY
                                                                                                          COMMISSION                                            Joseph Borowsky, Office of Nuclear
                                                  issued prior to receipt of the                                                                                Material Safety and Safeguards, U.S.
                                                  aforementioned application’s December                   [NRC–2015–0207]                                       Nuclear Regulatory Commission
                                                  31, 2016, submittal of the revised FSAR;                                                                      Washington, DC 20555–0001; telephone:
                                                  therefore, the proposed action does not                 Spent Fuel Transportation Package                     301–415–7407; email:
                                                  involve any construction impact.                        Response to the MacArthur Maze Fire                   Joseph.Borowsky@nrc.gov.
                                                     V. 10 CFR 51.22(c)(25)(v): There is no               Scenario
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  significant increase in the potential for
                                                  or consequences from radiological                       AGENCY: Nuclear Regulatory                            I. Obtaining Information and
                                                  accidents.                                              Commission.                                           Submitting Comments
                                                     Staff Analysis: The proposed action                  ACTION: Draft NUREG/CR; request for
                                                                                                          comment.                                              A. Obtaining Information
                                                  involves only a schedule change which
                                                  is administrative in nature and does not                                                                         Please refer to Docket ID NRC–2015–
                                                                                                          SUMMARY:   The U.S. Nuclear Regulatory                0207 when contacting the NRC about
                                                  impact the probability or consequences
                                                                                                          Commission (NRC) is issuing for public                the availability of information for this
                                                  of accidents.
                                                     VI. 10 CFR 51.22(c)(25)(vi): The                     comment a draft NUREG/CR, NUREG/                      action. You may obtain publicly-
                                                  requirements from which this                            CR–7206, ‘‘Spent Fuel Transportation                  available information related to this
                                                  exemption is sought involve only ‘‘(B)                  Package Response to the MacArthur                     action by any of the following methods:
                                                  Reporting requirements’’ or ‘‘(G)                       Maze Fire Scenario.’’ This report                        • Federal rulemaking Web site: Go to
                                                  Scheduling requirements.’’                              presents analyses that were performed                 http://www.regulations.gov and search
                                                     Staff Analysis: The exemption request                to examine the hypothetical effects on a              for Docket ID NRC–2015–0207.
                                                  involves requirements in both of these                  spent fuel transportation package from                   • NRC’s Agencywide Documents
                                                  categories because it involves                          conditions during the MacArthur Maze                  Access and Management System
                                                  submitting an updated COL FSAR by                       accident in 2007. The analyses                        (ADAMS): You may obtain publicly-
                                                  December 31, 2016, and also relates to                  undertaken include FDS fire modeling,                 available documents online in the
                                                  the schedule for submitting COL FSAR                    physical examination of material                      ADAMS Public Documents collection at
                                                  updates to the NRC.                                     samples, ANSYS and COBRA–SFS code                     http://www.nrc.gov/reading-rm/
                                                                                                          thermal modeling of a GA–4 package,                   adams.html. To begin the search, select
                                                  IV. Conclusion                                          ANSYS and LS–DYNA structural and                      ‘‘ADAMS Public Documents’’ and then
                                                     The NRC has determined that,                         thermal-structural modeling of the                    select ‘‘Begin Web-based ADAMS
                                                  pursuant to 10 CFR 50.12, the                           roadway and package, and fuel                         Search.’’ For problems with ADAMS,
                                                  exemption is authorized by law, will not                performance modeling using the                        please contact the NRC’s Public
                                                                                                          FRAPTRAN–1.4, FRAPCON–3.4, and
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                                                  present an undue risk to the public                                                                           Document Room (PDR) reference staff at
                                                  health and safety, and is consistent with               DATING codes. The estimated release                   1–800–397–4209, 301–415–4737, or by
                                                  the common defense and security. Also,                  from the hypothetical scenario is below               email to pdr.resource@nrc.gov. The draft
                                                  special circumstances exist under 10                    the prescribed limit for safety.                      NUREG/CR, ‘‘Spent Fuel Transportation
                                                  CFR 50.12(a)(2)(ii). This one-time                      DATES: Submit comments by February                    Package Response to the MacArthur
                                                  exemption will support the NRC staff’s                  22, 2016. Comments received after this                Maze Fire Scenario’’ is available in
                                                  effective and efficient review of the COL               date will be considered if it is practical            ADAMS under Accession No.
                                                  application, when resumed, as well as                   to do so, but the Commission is able to               ML15350A213.


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Document Created: 2015-12-24 02:25:10
Document Modified: 2015-12-24 02:25:10
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.
DatesThe exemption is effective on December 31, 2015.
ContactPatricia Vokoun, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-3470; email: [email protected]
FR Citation80 FR 80398 

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