81 FR 11606 - Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plants Units 2 and 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range		11606-11608
FR Document		2016-04852
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 12, 2015, letter from Duke Energy Progress (DEP), which requested an exemption from certain regulatory requirements that requires DEP to submit an update to the Final Safety Analysis Report (FSAR) included in their combined license (COL) application by December 31, 2015. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption, but stipulated that the update to the FSAR must be submitted prior to, or coincident with the resumption of the COL application review or by December 31, 2016, whichever comes first.
Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11606-11608]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04852]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-022 and 52-023; NRC-2013-0261]


Duke Energy Progress; Combined License Application for Shearon 
Harris Nuclear Power Plants 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), which requested an exemption from certain regulatory 
requirements that requires DEP to submit an update to the Final Safety 
Analysis Report (FSAR) included in their combined license (COL) 
application by December 31, 2015. The NRC staff reviewed this request 
and determined that it is appropriate to grant the exemption, but 
stipulated that the update to the FSAR must be submitted prior to, or 
coincident with the resumption of the COL application review 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 access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-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 that document 
is available in ADAMS) is provided the first time that the 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, 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 (ADAMS) Accession 
No. ML080580078). The NRC docketed the Shearon Harris Units 2 and 3 COL 
application (Docket Numbers 52-022 and 52-023) on April 23, 2008. On 
April 15, 2013, (ADAMS Accession No. ML13112A761) DEP submitted 
Revision 5 to the COL application including updates to the FSAR, per 
subsection 50.71(e)(3)(iii) of title 10 of the Code of Federal 
Regulations (10 CFR). On May 2, 2013 (ADAMS Accession No. ML13123A344), 
DEP requested that the NRC suspend review of the Shearon Harris Nuclear 
Plant Units 2 and 3 COL application. On August 7, 2013 (ADAMS Accession 
No. ML13220B004), DEP requested an exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, which NRC granted through December 31, 2014. On August 1, 2014 
(ADAMS Accession No. ML14216A431), DEP requested another exemption from 
the 10 CFR 50.71(e)(3)(iii) requirements to submit the COL application 
FSAR update by December 31, 2015. On August 12, 2015 (ADAMS Accession 
No. ML15226A353), DEP requested another exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR update 
by December 31, 2016.

II. Request/Action

    Paragraph 50.71(e)(3)(iii) requires that an applicant for a COL 
under Subpart C of 10 CFR part 52, submit updates to their FSAR 
annually during the period

[[Page 11607]]

from docketing the application to the Commission making its 10 CFR 
52.103(g) finding.
    Pursuant to 10 CFR 50.71(e)(3)(iii) the next annual update of the 
FSAR included in the Harris Units 2 and 3 COL application would be due 
by December 31, 2014. In a letter dated August 1, 2014 (ADAMS Accession 
No. ML14216A431), DEP requested that the Harris Units 2 and 3 COL 
application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements 
until December 31, 2015, or prior to a request to reactivate the Harris 
Units 2 and 3 COL application review.
    In a letter dated August 12, 2015 (ADAMS Accession No. 
ML15226A353), DEP requested that the Harris Units 2 and 3 COL 
application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements 
until December 31, 2016, or prior to a request to reactivate the Harris 
Units 2 and 3 COL application review. The exemption would allow DEP to 
submit the next FSAR update at a later date, but still in advance of 
NRC's reinstating its review of the application and in any event, by 
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 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 50.71(e)(3)(iii) 
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: 
``[a]pplication 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)) 
and if ``[t]he 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. Because 
DEP requested the NRC suspend its review of the Harris Units 2 and 3 
COL application, compelling DEP to submit its FSAR on an annual basis 
is not necessary as the FSAR will not be changed or updated until the 
review is restarted. Requiring the updates would result in undue 
hardship on DEP, and the purpose of 10 CFR 50.71(e)(3)(iii) would still 
be achieved if the update is submitted prior to restarting the review 
and in any event by December 31, 2016.
    The requested exemption to defer submittal of the next update to 
the FSAR included in the Harris Units 2 and 3 COL application would 
provide only temporary relief from the regulations in 10 CFR 
50.71(e)(3)(iii). As evidenced by the proper submittal of annual 
updates on June 23, 2009 (ADAMS Accession No. ML091810540), April 12, 
2010 (ADAMS Accession No. ML101120592), April 14, 2011 (ADAMS Accession 
No. ML111170902), April 12, 2012 (ADAMS Accession No. ML12122A656) and 
April 15, 2013 (ADAMS Accession No. ML13112A761), DEP has made good 
faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to 
requesting suspension of the review. In its subsequent requests dated 
August 1, 2014, and August 12, 2015 DEP asked the NRC to grant 
exemption from 10 CFR 50.71(e)(3)(iii) until December 31, 2016, or 
prior to any request to reactivate Harris Units 2 and 3 COL application 
review. For the reasons stated above, the application of 10 CFR 
50.71(e)(3)(iii) in this particular circumstance can be deemed 
unnecessary and the granting of the exemption would allow only 
temporary relief from a rule that the applicant had made good faith 
efforts to comply with, therefore special circumstances are present.

Authorized by Law

    The exemption is a schedule exemption from the requirements of 10 
CFR 50.71(e)(3)(iii). The exemption would allow DEP to submit the next 
Harris Units 2 and 3 COL application FSAR update on or before December 
31, 2016, in lieu of the required scheduled submittal in December 31, 
2015. 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 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. In addition, since the review of the application has been 
suspended, any update to the application submitted by DEP will not be 
reviewed by the NRC at this time. Plant construction cannot proceed 
until the NRC's review of the application is completed, a mandatory 
hearing is completed, and a license is issued. 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 next FSAR 
update prior to requesting the NRC to resume the review and, in any 
event, on or before December 31, 2015. 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)(2)(ii)). The underlying purpose of 10 CFR 
50.71(e)(3)(iii) is to ensure that the NRC has the most up-to date 
information in order to perform its review of a COL application 
efficiently and effectively. Because the requirement to annually update 
the FSAR was intended for active reviews and the Shearon Harris Units 2 
and 3 COL application review is now suspended, the application of this 
regulation in this particular circumstance is unnecessary in order to 
achieve its underlying purpose. If the NRC were to grant this 
exemption, and DEP were then required

[[Page 11608]]

to update its FSAR by December 31, 2016, or prior to any request to 
restart of their review, the purpose of the rule would still be 
achieved.
    Special circumstances in accordance with 10 CFR 50.12(a)(2)(v) are 
present whenever the exemption would provide only temporary relief from 
the regulation and the applicant has made good faith efforts to comply 
with this regulation. Because of the assumed and imposed new deadline 
of December 31, 2016, DEP's exemption request seeks only temporary 
relief from the requirement that it file an update to the FSAR included 
in the Shearon Harris Units 2 and 3 COL application. Additionally DEP 
submitted the required annual updates to its FSAR throughout the 
application process until asking for suspension of its review.
    Therefore, since the relief from the requirements of 10 CFR 
50.71(e)(3)(iii) would be temporary and the applicant has made good 
faith efforts to comply with the rule, and the underlying purpose of 
the rule is not served by application of the rule in this circumstance, 
the special circumstances required by 10 CFR 50.12(a)(2)(ii) and 
50.12(a)(2)(v) 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) 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 is no significant hazards consideration 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 FSAR by DEP 
and
    (G) Scheduling requirements;
    The proposed exemption relates to the schedule for submitting FSAR 
updates 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 50.71(e)(3)(iii) pertaining to the Shearon 
Harris Nuclear Power Plant Units 2 and 3 COL application to allow 
submittal of the next FSAR update 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. 2016-04852 Filed 3-3-16; 8:45 am]
BILLING CODE 7590-01-P
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 11607

from docketing the application to the DEP to submit its FSAR on an annual No Undue Risk to Public Health and
Commission making its 10 CFR basis is not necessary as the FSAR will Safety
52.103(g) finding. not be changed or updated until the The underlying purpose of 10 CFR
Pursuant to 10 CFR 50.71(e)(3)(iii) the review is restarted. Requiring the 50.71(e)(3)(iii) is to provide for a timely
next annual update of the FSAR updates would result in undue hardship and comprehensive update of the FSAR
included in the Harris Units 2 and 3 on DEP, and the purpose of 10 CFR associated with a COL application in
COL application would be due by 50.71(e)(3)(iii) would still be achieved if order to support an effective and
December 31, 2014. In a letter dated the update is submitted prior to efficient review by the NRC staff and
August 1, 2014 (ADAMS Accession No. restarting the review and in any event issuance of the NRC staff’s safety
ML14216A431), DEP requested that the by December 31, 2016. evaluation report. The requested
Harris Units 2 and 3 COL application be
exempt from the 10 CFR 50.71(e)(3)(iii) The requested exemption to defer exemption is solely administrative in
requirements until December 31, 2015, submittal of the next update to the nature, in that it pertains to the
or prior to a request to reactivate the FSAR included in the Harris Units 2 schedule for submittal to the NRC of
Harris Units 2 and 3 COL application and 3 COL application would provide revisions to an application under 10
review. only temporary relief from the CFR part 52, for which a license has not
In a letter dated August 12, 2015 regulations in 10 CFR 50.71(e)(3)(iii). As been granted. In addition, since the
(ADAMS Accession No. ML15226A353), evidenced by the proper submittal of review of the application has been
DEP requested that the Harris Units 2 annual updates on June 23, 2009 suspended, any update to the
and 3 COL application be exempt from (ADAMS Accession No. ML091810540), application submitted by DEP will not
the 10 CFR 50.71(e)(3)(iii) requirements be reviewed by the NRC at this time.
April 12, 2010 (ADAMS Accession No.
until December 31, 2016, or prior to a Plant construction cannot proceed until
ML101120592), April 14, 2011 (ADAMS
request to reactivate the Harris Units 2 the NRC’s review of the application is
Accession No. ML111170902), April 12,
and 3 COL application review. The completed, a mandatory hearing is
2012 (ADAMS Accession No. completed, and a license is issued.
exemption would allow DEP to submit ML12122A656) and April 15, 2013
the next FSAR update at a later date, but Additionally, based on the nature of the
(ADAMS Accession No. ML13112A761), requested exemption as described
still in advance of NRC’s reinstating its DEP has made good faith efforts to
review of the application and in any above, no new accident precursors are
comply with 10 CFR 50.71(e)(3)(iii) created by the exemption; thus neither
event, by December 31, 2016. The
prior to requesting suspension of the the probability, nor the consequences of
current requirement to submit an FSAR
update could not be changed, absent the review. In its subsequent requests dated postulated accidents are increased.
exemption. August 1, 2014, and August 12, 2015 Therefore, there is no undue risk to
DEP asked the NRC to grant exemption public health and safety.
III. Discussion from 10 CFR 50.71(e)(3)(iii) until
December 31, 2016, or prior to any Consistent With Common Defense and
Pursuant to 10 CFR 50.12 the
request to reactivate Harris Units 2 and Security
Commission may, upon application by
any interested person or upon its own 3 COL application review. For the The requested exemption would
initiative, grant exemptions from the reasons stated above, the application of allow DEP to submit the next FSAR
requirements of 10 CFR part 50, 10 CFR 50.71(e)(3)(iii) in this particular update prior to requesting the NRC to
including 10 CFR 50.71(e)(3)(iii) when: circumstance can be deemed resume the review and, in any event, on
(1) The exemption(s) are authorized by unnecessary and the granting of the or before December 31, 2015. This
law, will not present an undue risk to exemption would allow only temporary schedule change has no relation to
public health or safety, and are relief from a rule that the applicant had security issues. Therefore, the common
consistent with the common defense made good faith efforts to comply with, defense and security is not impacted.
and security; and (2) special therefore special circumstances are Special Circumstances
circumstances are present. As relevant present.
to the requested exemption, special Special circumstances, in accordance
circumstances exist if: ‘‘[a]pplication of Authorized by Law with 10 CFR 50.12(a)(2)(ii) are present
the regulation in the particular whenever: (1) Application of the
The exemption is a schedule regulation in the particular
circumstances would not serve the
exemption from the requirements of 10 circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying CFR 50.71(e)(3)(iii). The exemption underlying purpose of the rule or is not
purpose of the rule’’ (10 CFR would allow DEP to submit the next necessary to achieve the underlying
50.12(a)(2)(ii)) and if ‘‘[t]he exemption Harris Units 2 and 3 COL application purpose of the rule’’ (10 CFR
would provide only temporary relief FSAR update on or before December 31, 50.12(a)(2)(ii)). The underlying purpose
from the applicable regulation and the 2016, in lieu of the required scheduled of 10 CFR 50.71(e)(3)(iii) is to ensure
licensee or applicant has made good submittal in December 31, 2015. As that the NRC has the most up-to date
faith efforts to comply with the stated above, 10 CFR 50.12 allows the information in order to perform its
regulation’’ (10 CFR 50.12(a)(2)(v)). NRC to grant exemptions from the review of a COL application efficiently
The purpose of 10 CFR 50.71(e)(3)(iii) requirements of 10 CFR part 50. The and effectively. Because the requirement
is to ensure that the NRC has the most NRC staff has determined that granting to annually update the FSAR was
up to date information regarding the DEP the requested exemption from the intended for active reviews and the
jstallworth on DSK7TPTVN1PROD with NOTICES

COL application, in order to perform an requirements of 10 CFR 50.71(e)(3)(iii) Shearon Harris Units 2 and 3 COL
efficient and effective review. The rule will provide only temporary relief from application review is now suspended,
targeted those applications that are this regulation and will not result in a the application of this regulation in this
being actively reviewed by the NRC. violation of the Atomic Energy Act of particular circumstance is unnecessary
Because DEP requested the NRC 1954, as amended, or the NRC’s in order to achieve its underlying
suspend its review of the Harris Units regulations. Therefore, the exemption is purpose. If the NRC were to grant this
2 and 3 COL application, compelling authorized by law. exemption, and DEP were then required

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11608 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

to update its FSAR by December 31, The proposed action involves only a significant effect on the quality of the
2016, or prior to any request to restart schedule change which is human environment.
of their review, the purpose of the rule administrative in nature, and does not This exemption is effective upon
would still be achieved. involve any changes to be made in the issuance.
Special circumstances in accordance types or significant increase in the Dated at Rockville, Maryland, this 26th day
with 10 CFR 50.12(a)(2)(v) are present amounts of effluents that may be of February 2016.
whenever the exemption would provide released offsite. For The Nuclear Regulatory Commission.
only temporary relief from the (iii) There is no significant increase in Francis M. Akstulewicz,
regulation and the applicant has made individual or cumulative public or
Director, Division of New Reactor Licensing,
good faith efforts to comply with this occupational radiation exposure; Office of New Reactors.
regulation. Because of the assumed and Since the proposed action involves
[FR Doc. 2016–04852 Filed 3–3–16; 8:45 am]
imposed new deadline of December 31, only a schedule change which is
BILLING CODE 7590–01–P
2016, DEP’s exemption request seeks administrative in nature, it does not
only temporary relief from the contribute to any significant increase in
requirement that it file an update to the occupational or public radiation
FSAR included in the Shearon Harris exposure. POSTAL REGULATORY COMMISSION
Units 2 and 3 COL application. (iv) There is no significant [Docket Nos. MC2016–83 and CP2016–108;
Additionally DEP submitted the construction impact; Order No. 3117]
required annual updates to its FSAR The proposed action involves only a
throughout the application process until schedule change which is New Postal Product
asking for suspension of its review. administrative in nature; the application
review is suspended until further AGENCY: Postal Regulatory Commission.
Therefore, since the relief from the ACTION: Notice.
requirements of 10 CFR 50.71(e)(3)(iii) notice, and there is no consideration of
would be temporary and the applicant any construction at this time, and hence SUMMARY: The Commission is noticing a
has made good faith efforts to comply the proposed action does not involve recent Postal Service filing concerning
with the rule, and the underlying any construction impact. the addition of Priority Mail Contract
purpose of the rule is not served by (v) There is no significant increase in
189 negotiated service agreement to the
application of the rule in this the potential for or consequences from
competitive product list. This notice
circumstance, the special circumstances radiological accidents; and
informs the public of the filing, invites
required by 10 CFR 50.12(a)(2)(ii) and The proposed action involves only a
public comment, and takes other
50.12(a)(2)(v) for the granting of an schedule change which is
administrative steps.
exemption from 10 CFR 50.71(e)(3)(iii) administrative in nature, and does not
impact the probability or consequences DATES: Comments are due: March 7,
exist. 2016.
of accidents.
Eligibility for Categorical Exclusion (vi) The requirements from which an ADDRESSES: Submit comments
From Environmental Review exemption is sought involve: electronically via the Commission’s
(B) Reporting requirements; Filing Online system at http://
With respect to the exemption’s
The exemption request involves www.prc.gov. Those who cannot submit
impact on the quality of the human
submitting an updated FSAR by DEP comments electronically should contact
environment, the NRC has determined
and the person identified in the FOR FURTHER
that this specific exemption request is (G) Scheduling requirements;
eligible for categorical exclusion as INFORMATION CONTACT section by
The proposed exemption relates to the telephone for advice on filing
identified in 10 CFR 51.22(c)(25) schedule for submitting FSAR updates
provided that: alternatives.
to the NRC.
(i) There is no significant hazards FOR FURTHER INFORMATION CONTACT:
consideration; IV. Conclusion David A. Trissell, General Counsel, at
The criteria for determining whether Accordingly, the Commission has 202–789–6820.
there is no significant hazards determined that, pursuant to 10 CFR SUPPLEMENTARY INFORMATION:
consideration are found in 10 CFR 50.12(a), the exemption is authorized by
50.92. The proposed action involves Table of Contents
law, will not present an undue risk to
only a schedule change regarding the the public health and safety, and is I. Introduction
submission of an update to the consistent with the common defense II. Notice of Commission Action
application for which the licensing and security. Also special circumstances III. Ordering Paragraphs
review has been suspended. Therefore, are present. Therefore, the Commission
there is no significant hazards I. Introduction
hereby grants DEP a one-time exemption
consideration because granting the from the requirements of 10 CFR In accordance with 39 U.S.C. 3642
proposed exemption would not: 50.71(e)(3)(iii) pertaining to the Shearon and 39 CFR 3020.30–.35, the Postal
(1) Involve a significant increase in Harris Nuclear Power Plant Units 2 and Service filed a formal request and
the probability or consequences of an 3 COL application to allow submittal of associated supporting information to
accident previously evaluated; or the next FSAR update prior to any add Priority Mail Contract 189 to the
(2) Create the possibility of a new or request to the NRC to resume the competitive product list.1
different kind of accident from any review, and in any event no later than The Postal Service
jstallworth on DSK7TPTVN1PROD with NOTICES

accident previously evaluated; or December 31, 2016. contemporaneously filed a redacted
(3) Involve a significant reduction in Pursuant to 10 CFR 51.22, the contract related to the proposed new
a margin of safety. Commission has determined that the
1 Request of the United States Postal Service to
(ii) There is no significant change in exemption request meets the applicable
Add Priority Mail Contract 189 to Competitive
the types or significant increase in the categorical exclusion criteria set forth in Product List and Notice of Filing (Under Seal) of
amounts of any effluents that may be 10 CFR 51.22(c)(25), and the granting of Unredacted Governors’ Decision, Contract, and
released offsite; this exemption will not have a Supporting Data, February 26, 2016 (Request).

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Document Created: 2018-02-02 15:05:34
Document Modified: 2018-02-02 15:05:34
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 11606