81 FR 11601 - Duke Energy Progress; Combined License Applications for Shearon Harris Nuclear Plant Units 2 and 3
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 43 (March 4, 2016)
Federal Register Volume 81, Issue 43 (March 4, 2016)
| Page Range | 11601-11603 | |
| FR Document | 2016-04850 |
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)] [Notices] [Pages 11601-11603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04850] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-022 and 52-023; NRC-2013-0261] Duke Energy Progress; Combined License Applications for Shearon Harris Nuclear Plant Units 2 and 3 AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 12, 2015, letter from Duke Energy Progress (DEP). On May 2, 2013, DEP requested that the NRC suspend review of its combined license (COL) application until further notice. On August 12, 2015, DEP requested an exemption from certain regulatory requirements which, if granted, would allow them to revise their COL application in order to address enhancements to the Emergency Preparedness (EP) rules by December 31, 2016, rather than by December 31, 2013, as the regulations currently require. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption to the EP update requirements until December 31, 2016, but stipulated that the updates to the Final Safety Analysis Report (FSAR) must be submitted prior to requesting the NRC resume its review of the COL application, or by December 31, 2016, whichever comes first. DATES: The exemption is effective on March 4, 2016. ADDRESSES: Please refer to Docket ID NRC-2013-0261 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-2013-0261. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individuals 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 it 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: Brian Hughes, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6582; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 18, 2008, (ADAMS Accession No. ML080580078) DEP submitted to the NRC a COL application for two units of Westinghouse Electric Company's AP1000 advanced pressurized water reactors to be constructed and operated at the existing Shearon Harris Nuclear Plant (Harris) site (Docket Numbers 052000-22 and 052000-23). The NRC docketed the Harris Units 2 and 3 COL application on April 23, 2008. On May 2, 2013 (ADAMS Accession No. ML13123A344), [[Page 11602]] DEP requested that the NRC suspend review of the Harris Units 2 and 3 COL application. The NRC granted DEP's request for suspension and all review activities related to the Harris Units 2 and 3 COL application were suspended while the application remained docketed. On July 29, 2013 (ADAMS Accession No. ML13212A361), DEP requested an exemption from the requirements in part 50, appendix E, section I.5 of title 10 of the Code of Federal Regulations (10 CFR), as referenced by 10 CFR 52.79(a)(21), to submit an update to the COL application, addressing the enhancements to the EP rules by December 31, 2013, which the NRC granted through December 31, 2014. On August 1, 2014 (ADAMS Accession No. ML14216A432), DEP requested another exemption from the requirements of 10 CFR part 50, appendix E, section I.5, as referenced by 10 CFR 52.79(a)(21), to submit an update to the COL application, addressing the enhancements to the EP rules by December 31, 2014, which the NRC granted through December 31, 2015. On August 12, 2015 (ADAMS Accession No. ML15226A352), DEP requested another exemption from the requirements of 10 CFR part 50, appendix E, section I.5, as referenced by 10 CFR 52.79(a)(21), to submit an update to the COL application, addressing the enhancements to the EP rules by December 31, 2016 II. Request/Action Part 50, appendix E, section 1.5, requires that an applicant for a COL under Subpart C of 10 CFR part 52 whose application was docketed prior to December 23, 2011, must revise their COL application to comply with the EP rules published in the Federal Register (76 FR 72560) on November 23, 2011. An applicant that does not receive a COL before December 31, 2013, shall revise its COL application to comply with these changes no later than December 31, 2013. Since DEP will not hold a COL prior to December 31, 2013, it is therefore required to revise its application to be compliant with the new EP rules. Similar to an earlier exemption request it submitted, as described above, by letter dated August 12, 2015, (ADAMS Accession No. ML15226A352), DEP requested another exemption from the requirements of 10 CFR part 50, appendix E, section I.5, to submit the required COL application revision to comply with the new EP rules. The requested exemption would allow DEP to revise its COL application, and comply with the new EP rules on or before December 31, 2016, rather than the initial December 31, 2013, date required by 10 CFR part 50, appendix E, section I.5. The current requirement to comply with the new EP rule could not be changed, absent the exemption. III. Discussion Pursuant to 10 CFR 50.12(a), the Commission 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 part 50, appendix E, section I.5, when: (1) The exemption(s) 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: ``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)). Authorized by Law The exemption is a one-time schedule exemption from the requirements of 10 CFR part 50, appendix E, section I.5. The exemption would allow DEP to revise its COL application, and comply with the new EP rules on or before December 31, 2016, in lieu of the initial December 31, 2013, the date required by 10 CFR part 50, appendix E, section I.5. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR part 50 . The NRC staff has determined that granting DEP the requested one-time exemption from the requirements of 10 CFR part 50, appendix E, section I.5 will not result in a violation of the Atomic Energy Act of 1954, as amended, or NRC regulations. Therefore, the exemption is authorized by law. No Undue Risk to Public Health and Safety The underlying purpose of the enhancements to EP found in 10 CFR part 50, appendix E, is to amend certain EP requirements to enhance protective measures in the event of a radiological emergency; address, in part, enhancements identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent Emergency Plan implementation among licensees; and modify certain requirements to be more effective and efficient. Since plant construction cannot proceed until the NRC review of the application is completed, a mandatory hearing is completed and a license is issued, the exemption does not increase the probability of postulated accidents. Additionally, based on the nature of the requested exemption as described above, no new accident precursors are created by the exemption; thus neither the probability, nor the consequences of postulated accidents are increased. Therefore, there is no undue risk to public health and safety. Consistent With Common Defense and Security The requested exemption would allow DEP to submit the revised COL application prior to requesting the NRC to resume the review and, in any event, on or before December 31, 2016. This schedule change has no relation to security issues. Therefore, the common defense and security is not impacted. Special Circumstances Special Circumstances, in accordance with 10 CFR 50.12(a)(2(ii) 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)(ii); or (2) The exemption would only provide temporary relief from the applicable regulation or the applicant has made good faith efforts to comply with the regulation (10 CFR 50.12(a)(2)(v)). The purpose of 10 CFR part 50, appendix E, section I.5 is to ensure that applicants and new COL holders updated their COL applications or COLs to allow the NRC to review them efficiently and effectively, and to bring the applicants or licensees into compliance prior to receiving a license, or, for licensees, prior to operating the plant. The targets of Section I.5 of the rule were those applications that were being actively reviewed by the NRC staff when the rule went into effect on November 23, 2011. Since the Harris Units 2 and 3 COL application is now suspended compelling DEP to revise its COL application in order to meet the compliance deadline would result in unnecessary burden and hardship for the applicant to meet the compliance date. If the NRC were to grant this exemption, and DEP were then required to update its application to comply with the EP rule enhancements by December 31, 2016, or prior to any request to restart their review, the purpose of the rule would still be achieved. For this reason, the application of 10 CFR part 50, appendix E, section I.5, for the suspended Harris 2 and 3 COL application is deemed unnecessary and, [[Page 11603]] therefore, special circumstances are present. 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) and justified by the NRC staff as follows: (c) The following categories of actions are categorical exclusions provided that: (i) There is no significant hazards consideration; The criteria for determining whether there is no 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 has been suspended. Therefore, there are no significant hazards 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) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; The proposed action involves only a schedule change which is administrative in nature, and does not involve any changes to be made in the types or significant increase in the amounts of effluents that may be released offsite. (iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; 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) There is no significant construction impact; The proposed action involves only a schedule change which is administrative in nature; the application review is suspended until further notice, and there is no consideration of any construction at this time, and hence the proposed action does not involve any construction impact. (v) There is no significant increase in the potential for or consequences from radiological accidents; and The proposed action involves only a schedule change which is administrative in nature, and does not impact the probability or consequences of accidents. (vi) The requirements from which an exemption is sought involve: (B) Reporting requirements; The exemption request involves submitting an updated COL application by DEP and (G) Scheduling requirements; The proposed exemption relates to the schedule for submitting a COL application update to the NRC. IV. Conclusion Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also special circumstances are present. Therefore, the Commission hereby grants DEP a one-time exemption from the requirements of 10 CFR part 50 Appendix E, Section I.5 pertaining to the Harris Units 2 and 3 COL application to allow submittal of the revised COL application that complies with the enhancements to the EP rules prior to any request to the NRC to resume the review, and in any event, no later than 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 26th day of February 2016. For the Nuclear Regulatory Commission. Francis M. Akstulewicz, Director, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2016-04850 Filed 3-3-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 11601
inimical to the common defense and documenting its final decision on the in the construction permit package, as
security or to the health and safety of mandatory hearing held on December well as the Commission’s hearing
the public. Finally, the NRC finds that 15, 2015, which serves as the ROD in decision and ROD, are available online
the findings required by Subpart A of 10 this proceeding. The NRC also prepared in the ADAMS Public Documents
CFR part 51 have been made. a document summarizing the ROD to collection at http://www.nrc.gov/
Accordingly, the immediately accompany its action on the reading-rm/adams.html. From this site,
effective construction permit was issued construction permit application that persons can access the NRC’s ADAMS,
on February 29, 2016. incorporates by reference materials which provides text and image files of
II. Further Information contained in the FEIS. In accordance NRC’s public documents.
The NRC prepared a Safety Evaluation with 10 CFR 2.390 of the NRC’s
III. Availability of Documents
Report (SER) and Final Environmental ‘‘Agency Rules of Practice and
Impact Statement (FEIS) that document Procedure,’’ details with respect to this The documents identified in the
the information reviewed and the NRC’s action, including the SER, FEIS, following table are available to
conclusion. The Commission also summary of the ROD, and interested persons through one or more
issued its Memorandum and Order accompanying documentation included of the following methods, as indicated.
ADAMS
Document Accession No.
Construction Permit No. CPMIF–001 ............................................................................................................................................... ML16041A471
Commission’s Memorandum and Order on the mandatory hearing (ROD) .................................................................................... ML16056A094
Summary of the Record of Decision ................................................................................................................................................ ML16041A470
Safety Evaluation Report Related to the SHINE Medical Technologies, Inc. Construction Permit Application for a Medical Ra- ML15342A396
dioisotope Production Facility.
NUREG–2183, Final Environmental Impact Statement for the Construction Permit for the SHINE Medical Radioisotope Pro- ML15288A046
duction Facility.
SHINE Construction Permit Application ........................................................................................................................................... ML13088A192
ML15259A272
ML15258A431
Dated at Rockville, Maryland, this 29 day 2013, as the regulations currently select ‘‘Begin Web-based ADAMS
of February 2016. require. The NRC staff reviewed this Search.’’ For problems with ADAMS,
For the Nuclear Regulatory Commission. request and determined that it is please contact the NRC’s Public
Lawrence E. Kokajko, appropriate to grant the exemption to Document Room (PDR) reference staff at
Director, Division of Policy and Rulemaking, the EP update requirements until 1–800–397–4209, 301–415–4737, or by
Office of Nuclear Reactor Regulation. December 31, 2016, but stipulated that email to pdr.resource@nrc.gov. The
[FR Doc. 2016–04864 Filed 3–3–16; 8:45 am] the updates to the Final Safety Analysis ADAMS accession number for each
BILLING CODE 7590–01–P Report (FSAR) must be submitted prior document referenced (if it available in
to requesting the NRC resume its review ADAMS) is provided the first time that
of the COL application, or by December a document is referenced.
NUCLEAR REGULATORY 31, 2016, whichever comes first. • NRC’s PDR: You may examine and
COMMISSION DATES: The exemption is effective on purchase copies of public documents at
March 4, 2016. the NRC’s PDR, Room O1–F21, One
[Docket Nos. 52–022 and 52–023; NRC–
2013–0261] ADDRESSES: Please refer to Docket ID White Flint North, 11555 Rockville
NRC–2013–0261 when contacting the Pike, Rockville, Maryland 20852.
Duke Energy Progress; Combined NRC about the availability of FOR FURTHER INFORMATION CONTACT:
License Applications for Shearon information regarding this document. Brian Hughes, Office of New Reactors,
Harris Nuclear Plant Units 2 and 3 You may obtain publicly-available U.S. Nuclear Regulatory Commission,
information related to this document Washington, DC 20555–0001; telephone:
AGENCY: Nuclear Regulatory using any of the following methods: 301–415–6582; email: Brian.Hughes@
Commission. • Federal Rulemaking Web site: Go to nrc.gov.
ACTION: Exemption; issuance. http://www.regulations.gov and search
for Docket ID NRC–2013–0261. Address SUPPLEMENTARY INFORMATION:
SUMMARY: The U.S. Nuclear Regulatory questions about NRC dockets to Carol I. Background
Commission (NRC) is issuing an Gallagher; telephone: 301–415–3463;
exemption in response to an August 12, email: Carol.Gallagher@nrc.gov. For On February 18, 2008, (ADAMS
2015, letter from Duke Energy Progress technical questions, contact the Accession No. ML080580078) DEP
(DEP). On May 2, 2013, DEP requested individuals listed in the FOR FURTHER submitted to the NRC a COL application
that the NRC suspend review of its INFORMATION CONTACT section of this for two units of Westinghouse Electric
combined license (COL) application document. Company’s AP1000 advanced
until further notice. On August 12, • NRC’s Agencywide Documents pressurized water reactors to be
jstallworth on DSK7TPTVN1PROD with NOTICES
2015, DEP requested an exemption from Access and Management System constructed and operated at the existing
certain regulatory requirements which, (ADAMS): You may obtain publicly- Shearon Harris Nuclear Plant (Harris)
if granted, would allow them to revise available documents online in the site (Docket Numbers 052000–22 and
their COL application in order to ADAMS Public Documents collection at 052000–23). The NRC docketed the
address enhancements to the Emergency http://www.nrc.gov/reading-rm/ Harris Units 2 and 3 COL application on
Preparedness (EP) rules by December adams.html. To begin the search, select April 23, 2008. On May 2, 2013
31, 2016, rather than by December 31, ‘‘ADAMS Public Documents’’ and then (ADAMS Accession No. ML13123A344),
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![Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 11603
therefore, special circumstances are administrative in nature, and does not SUMMARY: The U.S. Nuclear Regulatory
present. impact the probability or consequences Commission (NRC) is considering
of accidents. issuance of an exemption to Exelon
Eligibility for Categorical Exclusion
(vi) The requirements from which an Generation Company, LLC (hereafter,
From Environmental Review
exemption is sought involve: EGC or the applicant). EGC is the
With respect to the exemption’s (B) Reporting requirements; general licensee operating the Dresden
impact on the quality of the human The exemption request involves Nuclear Power Station (DNPS)
environment, the NRC has determined submitting an updated COL application Independent Spent Fuel Storage
that this specific exemption request is by DEP and Installation (ISFSI) located in Morris,
eligible for categorical exclusion as (G) Scheduling requirements; Illinois. Specifically, EGC seeks
identified in 10 CFR 51.22(c)(25) and The proposed exemption relates to the authorization to load and store one
justified by the NRC staff as follows: schedule for submitting a COL DNPS Unit 1 thoria rod canister
(c) The following categories of actions application update to the NRC. containing 18 DNPS Unit 1 thoria rods
are categorical exclusions provided that: in a Holtec International, Inc., multi-
(i) There is no significant hazards IV. Conclusion
purpose canister (MPC)–68M. Thoria
consideration; Accordingly, the Commission has rods are not approved for storage in the
The criteria for determining whether determined that, pursuant to 10 CFR MPC–68M per Certificate of Compliance
there is no significant hazards 50.12(a), the exemption is authorized by (CoC) No. 1014, Amendment 8, Rev. 1 1
consideration are found in 10 CFR law, will not present an undue risk to Appendix B, ‘‘Approved Contents and
50.92. The proposed action involves the public health and safety, and is Design Features.’’ EGC plans to load and
only a schedule change regarding the consistent with the common defense store Holtec HI–STORM 100 spent fuel
submission of an update to the and security. Also special circumstances casks utilizing Amendment 8, Rev. 1 to
application for which the licensing are present. Therefore, the Commission CoC No. 1014 in the 2016 DNPS spent
review has been suspended. Therefore, hereby grants DEP a one-time exemption fuel loading campaign (SFLC).
there are no significant hazards from the requirements of 10 CFR part 50
considerations because granting the ADDRESSES: Please refer to Docket ID
Appendix E, Section I.5 pertaining to
proposed exemption would not: NRC–2016–0047 when contacting the
the Harris Units 2 and 3 COL
(1) Involve a significant increase in NRC about the availability of
application to allow submittal of the
the probability or consequences of an information regarding this document.
revised COL application that complies
accident previously evaluated; or You may obtain publicly-available
with the enhancements to the EP rules
(2) Create the possibility of a new or information related to this document
prior to any request to the NRC to
different kind of accident from any using any of the following methods:
resume the review, and in any event, no • Federal Rulemaking Web site: Go to
accident previously evaluated; or later than December 31, 2016.
(3) Involve a significant reduction in http://www.regulations.gov and search
Pursuant to 10 CFR 51.22, the
a margin of safety. for Docket ID NRC–2016–0047. Address
Commission has determined that the
(ii) There is no significant change in questions about NRC dockets to Carol
exemption request meets the applicable
the types or significant increase in the Gallagher; telephone: 301–415–3463;
categorical exclusion criteria set forth in
amounts of any effluents that may be email: Carol.Gallagher@nrc.gov. For
10 CFR 51.22(c)(25), and the granting of
released offsite; technical questions, contact the
The proposed action involves only a this exemption will not have a
individual listed in the FOR FURTHER
schedule change which is significant effect on the quality of the
INFORMATION CONTACT section of this
administrative in nature, and does not human environment.
document.
involve any changes to be made in the This exemption is effective upon • NRC’s Agencywide Documents
types or significant increase in the issuance. Access and Management System
amounts of effluents that may be Dated at Rockville, Maryland, this 26th day (ADAMS): You may obtain publicly-
released offsite. of February 2016. available documents online in the
(iii) There is no significant increase in For the Nuclear Regulatory Commission. ADAMS Public Documents collection at
individual or cumulative public or Francis M. Akstulewicz, http://www.nrc.gov/reading-rm/
occupational radiation exposure; Director, Division of New Reactor Licensing, adams.html. To begin the search, select
Since the proposed action involves Office of New Reactors. ‘‘ADAMS Public Documents’’ and then
only a schedule change which is [FR Doc. 2016–04850 Filed 3–3–16; 8:45 am] select ‘‘Begin Web-based ADAMS
administrative in nature, it does not BILLING CODE 7590–01–P Search.’’ For problems with ADAMS,
contribute to any significant increase in please contact the NRC’s Public
occupational or public radiation Document Room (PDR) reference staff at
exposure. NUCLEAR REGULATORY 1–800–397–4209, 301–415–4737, or by
(iv) There is no significant COMMISSION email to pdr.resource@nrc.gov. For the
construction impact; convenience of the reader, the ADAMS
The proposed action involves only a [Docket No. 50–010, 50–237, 50–249 and 72–
37; NRC–2016–0047] accession numbers are provided in a
schedule change which is table in the ‘‘Availability of
administrative in nature; the application
Exelon Generation Company, LLC; Documents,’’ Section IV of this
review is suspended until further
Dresden Nuclear Power Station, Units document.
notice, and there is no consideration of
1, 2 and 3; Independent Spent Fuel
jstallworth on DSK7TPTVN1PROD with NOTICES
any construction at this time, and hence 1 The licensee’s application referred to
the proposed action does not involve Storage Installation
Amendment 8; since that time, Amendment 8 has
any construction impact. AGENCY: Nuclear Regulatory been revised. (On February 16, 2016, Amendment
(v) There is no significant increase in Commission. 8, Rev. 1 to CoC 1014 became effective.) This
the potential for or consequences from revision does not impact the exemption request that
ACTION: Environmental assessment and is the subject of this environmental assessment
radiological accidents; and finding of no significant impact; because none of the changes in the revision revised
The proposed action involves only a the thoria contents or the physical characteristics of
issuance.
schedule change which is the storage cask.
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Document Created: 2018-02-02 15:05:21
Document Modified: 2018-02-02 15:05:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Exemption; issuance. | |
| Dates | The exemption is effective on March 4, 2016. | |
| Contact | Brian Hughes, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6582; email: [email protected] | |
| FR Citation | 81 FR 11601 |
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