81_FR_58106 81 FR 57942 - Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; Annual Updates to License Renewal Application

81 FR 57942 - Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; Annual Updates to License Renewal Application

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57942-57944
FR Document2016-20272

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 1, 2016, request from Pacific Gas and Electric Company (PG&E), which requested an exemption from the requirement to submit annual updates to its license renewal application (LRA) for Diablo Canyon Power Plant (DCPP), Units 1 and 2. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption while the review of the LRA remains suspended.

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57942-57944]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20272]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2009-0552]


Pacific Gas and Electric Company; Diablo Canyon Power Plant, 
Units 1 and 2; Annual Updates to License Renewal Application

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to an August 1, 2016, request from Pacific Gas 
and Electric Company (PG&E), which requested an exemption from the 
requirement to submit annual updates to its license renewal application 
(LRA) for Diablo Canyon Power Plant (DCPP), Units 1 and 2. The NRC 
staff reviewed this request and determined that it is appropriate to 
grant the exemption while the review of the LRA remains suspended.

DATE: The exemption is effective on August 24, 2016.

ADDRESSES: Please refer to Docket ID NRC-2009-0552 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-2009-0552. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463;

[[Page 57943]]

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 it 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: Michael J. Wentzel, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6459; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By letter dated November 23, 2009 (ADAMS Package No. ML093340125), 
PG&E submitted an application pursuant to part 54 of title 10 of the 
Code of Federal Regulations (10 CFR) for the renewal of Facility 
Operating Licenses DPR-80 and DPR-82 for DCPP. A notice of acceptance 
for docketing of the application and opportunity for hearing regarding 
renewal of the facility operating licenses was published in the Federal 
Register on January 21, 2010 (75 FR 3493). On June 21, 2016, PG&E 
notified the NRC that it had reached an agreement in principle with 
various stakeholders to not proceed with the DCPP license renewal and 
requested that the NRC suspend activity on the LRA, pending approval of 
the agreement by the California Public Utilities Commission (ADAMS 
Accession No. ML16173A454). On July 28, 2016, the NRC staff notified 
PG&E that it had suspended its review of the DCPP LRA (ADAMS Accession 
No. ML16193A599). Although the NRC staff has suspended its review of 
the DCPP LRA, the NRC's regulations at 10 CFR 54.21(b) would still 
require PG&E to provide an annual update to its LRA identifying changes 
made to the current licensing basis (CLB) for DCPP that materially 
affect the LRA, absent this exemption request.

II. Request/Action

    Pursuant to 10 CFR 54.15, ``Specific exemptions,'' which references 
10 CFR 50.12, PG&E's letter dated August 1, 2016 (ADAMS Accession No. 
ML16214A369), requested an exemption from the requirements of 10 CFR 
54.21, ``Contents of application--technical information,'' paragraph 
(b), related to the schedule for submitting periodic updates to the 
DCPP LRA, while the NRC staff's review of the DCPP LRA is suspended. 
Given PG&E's request for approval from the California Public Utilities 
Commission to not proceed with license renewal for DCPP, PG&E is 
requesting exemption from the requirements in 10 CFR 54.21(b). Should 
the California Public Utilities Commission deny PG&E's request and 
direct PG&E to pursue license renewal, PG&E would provide an amendment 
to the DCPP LRA that identifies changes to the CLB of the facility that 
materially affect the contents of the LRA by a date agreed upon between 
PG&E and the NRC.

III. Discussion

    Pursuant to 10 CFR 54.15, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of the regulations of 10 CFR part 54, in accordance 
with 10 CFR 50.12, when (1) the exemptions are authorized by law, will 
not present an undue risk to the public health and safety, and are 
consistent with the common defense and security; and (2) special 
circumstances are present. As applicable to the requested exemption, 
special circumstances exist when 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 purpose of 10 CFR 54.21(b) is to ensure that the effect of 
changes to a renewal applicant's existing licensing basis is evaluated 
during the review of a renewal application (56 FR 64954). As referenced 
above, the NRC staff has suspended its review of the DCPP LRA in 
response to PG&E's June 21, 2016, request. As such, the NRC staff would 
not review an update to the DCPP LRA, should it be provided; therefore, 
updating the LRA while the review is suspended is unnecessary to 
achieve the underlying purpose of the rule. Should PG&E resume the 
license renewal process for DCPP, the NRC will require it to provide an 
amendment to the DCPP LRA that identifies applicable changes to the CLB 
of the facility since the period of time covered in PG&E's December 21, 
2015, update (ADAMS Accession No. ML16004A149) by a date agreed upon 
between PG&E and the NRC.

Authorized by Law

    Pursuant to 10 CFR 54.15, and in accordance with 10 CFR 50.12, the 
NRC may grant an exemption from the requirements of 10 CFR part 54, if 
the exemption is authorized by law. The exemption is authorized by law 
in that no other prohibition of law exists to preclude the activities 
which would be authorized by the exemption. Granting this exemption 
will provide PG&E with relief from the requirements of 10 CFR 54.21(b) 
while review of the DCPP LRA is suspended and will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the NRC's 
regulations. Therefore, this exemption request is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 54.21(b) is to ensure that changes 
made to the CLB of a facility that materially affect an LRA are 
reflected in a timely manner over the course of the NRC staff's review. 
The requested exemption is administrative in nature, in that it 
pertains to the schedule for submitting periodic updates of an 
application for renewal under 10 CFR part 54. Based on the nature of 
the requested exemption as described above, no new accident precursors 
are created by the exemption. As a result, neither the probability, nor 
the consequences, of postulated accidents are increased. Therefore, the 
requested exemption does not result in any undue risk to public health 
and safety.

Consistent With Common Defense and Security

    The requested exemption would exempt PG&E from providing updates to 
the DCPP LRA while review of the LRA is suspended. This proposed change 
has no relation to security issues. Therefore, the common defense and 
security is not impacted by the exemption.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2), are 
present whenever 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)).

[[Page 57944]]

    As discussed above, the requested exemption will exempt PG&E from 
submitting LRA updates while the NRC's review of the application is 
suspended. Because the NRC staff would not review an update to the DCPP 
LRA, should it be provided, application of 10 CFR 54.21(b) is not 
necessary to achieve the underlying purpose of the rule. Therefore, 
special circumstances exist under 10 CFR 50.12(a)(2)(ii).

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 54.21(b)) is an action that is a categorical exclusion, provided 
that it meets the requirements of 10 CFR 51.22(c)(25)(i) through (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 action involves only changes regarding the submission of updates to 
an application for which the licensing review is currently suspended. 
Therefore, there are no significant hazard considerations because 
granting the exemption would not:
    (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; or
    (2) Create the possibility of a new or different kind of accident 
from any accident previously evaluated; or
    (3) Involve a significant reduction in a margin of safety.
    II. 10 CFR 51.22(c)(25)(ii): There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    Staff Analysis: The proposed action involves only a change 
regarding the submission of updates, 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 change 
regarding the submission of updates, 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: Since the proposed action involves only a change 
regarding the submission of updates, which is administrative in nature; 
it 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 change 
regarding the submission of updates, 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 10 CFR 51.22(c)(25)(vi)(B) (reporting 
requirements) and 10 CFR 51.22(c)(25)(vi)(G) (scheduling requirements).
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves suspending the requirement 
contained in 10 CFR 54.21(b) to provide an update to the DCPP LRA each 
year following submittal of the LRA.

IV. Conclusions

    The NRC has determined that, pursuant to 10 CFR 54.15, and in 
accordance with 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). Therefore, the NRC 
hereby grants PG&E this exemption from the requirements of 10 CFR 
54.21(b) to allow PG&E to dispense with the submission of updates to 
the DCPP LRA while the NRC's review of the LRA is suspended. Should 
PG&E resume the license renewal process for DCPP, the NRC will require 
it to provide an amendment to the DCPP LRA that identifies applicable 
changes to the CLB of the facility since the period of time covered in 
PG&E's December 21, 2015, update by a date agreed upon between PG&E and 
the NRC.
    Additionally, 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.

    Dated at Rockville, Maryland, this 17th Day of August 2016.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Acting Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2016-20272 Filed 8-23-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  57942                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  interested persons regarding this matter.               NUCLEAR REGULATORY                                    present oral statements can be obtained
                                                  The Subcommittee will gather                            COMMISSION                                            from the Web site cited above or by
                                                  information, analyze relevant issues and                                                                      contacting the identified DFO.
                                                  facts, and formulate proposed positions                 Advisory Committee on Reactor                         Moreover, in view of the possibility that
                                                  and actions, as appropriate, for                        Safeguards (ACRS) Meeting of the                      the schedule for ACRS meetings may be
                                                  deliberation by the Full Committee.                     ACRS Subcommittee on T–H                              adjusted by the Chairman as necessary
                                                                                                          Phenomena; Notice of Meeting                          to facilitate the conduct of the meeting,
                                                     Members of the public desiring to
                                                                                                                                                                persons planning to attend should check
                                                  provide oral statements and/or written                     The ACRS Subcommittees on T–H
                                                                                                                                                                with these references if such
                                                  comments should notify the Designated                   Phenomenon and Metallurgy & Reactor
                                                                                                                                                                rescheduling would result in a major
                                                  Federal Official (DFO), John Lai                        Fuels will hold a meeting on September
                                                                                                                                                                inconvenience.
                                                  (Telephone 301–415–5197 or Email:                       19, 2016, Room T–2B1, 11545 Rockville
                                                                                                                                                                   If attending this meeting, please enter
                                                  John.Lai@nrc.gov) five days prior to the                Pike, Rockville, Maryland.
                                                                                                                                                                through the One White Flint North
                                                  meeting, if possible, so that appropriate                  The meeting will be open to public
                                                                                                                                                                building, 11555 Rockville Pike,
                                                  arrangements can be made. Thirty-five                   attendance with the exception of
                                                                                                                                                                Rockville, MD. After registering with
                                                  hard copies of each presentation or                     portions that may be closed to protect
                                                                                                                                                                security, please contact Mr. Theron
                                                                                                          information that is proprietary pursuant
                                                  handout should be provided to the DFO                                                                         Brown (Telephone 240–888–9835) to be
                                                                                                          to 5 U.S.C. 552b(c)(4). The agenda for
                                                  thirty minutes before the meeting. In                                                                         escorted to the meeting room.
                                                                                                          the subject meeting shall be as follows:
                                                  addition, one electronic copy of each                                                                           Dated: August 16, 2016.
                                                  presentation should be emailed to the                   Monday, September 19, 2016—8:30                       Mark L. Banks,
                                                  DFO one day before the meeting. If an                   a.m. Until 5 p.m.
                                                                                                                                                                Chief, Technical Support Branch, Advisory
                                                  electronic copy cannot be provided                         The Subcommittee will review the                   Committee on Reactor Safeguards.
                                                  within this timeframe, presenters                       fidelity of methods and codes for                     [FR Doc. 2016–20270 Filed 8–23–16; 8:45 am]
                                                  should provide the DFO with a CD                        operation at AREVA’s Extended Flow                    BILLING CODE 7590–01–P
                                                  containing each presentation at least                   Window (plant-specific Monticello).
                                                  thirty minutes before the meeting.                      The Subcommittee will hear
                                                  Electronic recordings will be permitted                 presentations by and hold discussions                 NUCLEAR REGULATORY
                                                  only during those portions of the                       with the NRC staff regarding this matter.             COMMISSION
                                                  meeting that are open to the public.                    The Subcommittee will gather
                                                                                                                                                                [Docket Nos. 50–275 and 50–323; NRC–
                                                  Detailed procedures for the conduct of                  information, analyze relevant issues and              2009–0552]
                                                  and participation in ACRS meetings                      facts, and formulate proposed positions
                                                  were published in the Federal Register                  and actions, as appropriate, for                      Pacific Gas and Electric Company;
                                                  on October 21, 2015 (80 FR 63846).                      deliberation by the Full Committee.                   Diablo Canyon Power Plant, Units 1
                                                                                                             Members of the public desiring to                  and 2; Annual Updates to License
                                                     Detailed meeting agendas and meeting                 provide oral statements and/or written
                                                  transcripts are available on the NRC                                                                          Renewal Application
                                                                                                          comments should notify the Designated
                                                  Web site at http://www.nrc.gov/reading-                 Federal Official (DFO), Zena Abdullahi                AGENCY:  Nuclear Regulatory
                                                  rm/doc-collections/acrs. Information                    (Telephone 301–415–8716 or Email:                     Commission.
                                                  regarding topics to be discussed,                       Zena.Abdullahi@nrc.gov) five days prior               ACTION: Exemption; issuance.
                                                  changes to the agenda, whether the                      to the meeting, if possible, so that
                                                  meeting has been canceled or                            appropriate arrangements can be made.                 SUMMARY:    The U.S. Nuclear Regulatory
                                                  rescheduled, and the time allotted to                   Thirty-five hard copies of each                       Commission (NRC) is issuing an
                                                  present oral statements can be obtained                 presentation or handout should be                     exemption in response to an August 1,
                                                  from the Web site cited above or by                     provided to the DFO thirty minutes                    2016, request from Pacific Gas and
                                                  contacting the identified DFO.                          before the meeting. In addition, one                  Electric Company (PG&E), which
                                                                                                          electronic copy of each presentation                  requested an exemption from the
                                                  Moreover, in view of the possibility that
                                                                                                          should be emailed to the DFO one day                  requirement to submit annual updates
                                                  the schedule for ACRS meetings may be
                                                                                                          before the meeting. If an electronic copy             to its license renewal application (LRA)
                                                  adjusted by the Chairman as necessary
                                                                                                          cannot be provided within this                        for Diablo Canyon Power Plant (DCPP),
                                                  to facilitate the conduct of the meeting,                                                                     Units 1 and 2. The NRC staff reviewed
                                                  persons planning to attend should check                 timeframe, presenters should provide
                                                                                                          the DFO with a CD containing each                     this request and determined that it is
                                                  with these references if such                                                                                 appropriate to grant the exemption
                                                  rescheduling would result in a major                    presentation at least thirty minutes
                                                                                                          before the meeting. Electronic                        while the review of the LRA remains
                                                  inconvenience.                                                                                                suspended.
                                                                                                          recordings will be permitted only
                                                     If attending this meeting, please enter              during those portions of the meeting                  DATE: The exemption is effective on
                                                  through the One White Flint North                       that are open to the public. Detailed                 August 24, 2016.
                                                  Building, 11555 Rockville Pike,                         procedures for the conduct of and                     ADDRESSES: Please refer to Docket ID
                                                  Rockville, Maryland. After registering                  participation in ACRS meetings were                   NRC–2009–0552 when contacting the
                                                  with security, please contact Mr. Theron                published in the Federal Register on                  NRC about the availability of
                                                  Brown (Telephone 240–888–9835) to be                    October 21, 2015, (80 FR 63846).                      information regarding this document.
                                                  escorted to the meeting room.                              Detailed meeting agendas and meeting               You may obtain publicly-available
mstockstill on DSK3G9T082PROD with NOTICES




                                                    Dated: August 17, 2016.                               transcripts are available on the NRC                  information related to this document
                                                                                                          Web site at http://www.nrc.gov/reading-               using any of the following methods:
                                                  Mark L. Banks,
                                                                                                          rm/doc-collections/acrs. Information                    • Federal Rulemaking Web site: Go to
                                                  Chief, Technical Support Branch, Advisory               regarding topics to be discussed,                     http://www.regulations.gov and search
                                                  Committee on Reactor Safeguards.                        changes to the agenda, whether the                    for Docket ID NRC–2009–0552. Address
                                                  [FR Doc. 2016–20266 Filed 8–23–16; 8:45 am]             meeting has been canceled or                          questions about NRC dockets to Carol
                                                  BILLING CODE 7590–01–P                                  rescheduled, and the time allotted to                 Gallagher; telephone: 301–415–3463;


                                             VerDate Sep<11>2014   20:16 Aug 23, 2016   Jkt 238001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\24AUN1.SGM   24AUN1


                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                           57943

                                                  email: Carol.Gallagher@nrc.gov. For                     (CLB) for DCPP that materially affect the             LRA that identifies applicable changes
                                                  technical questions, contact the                        LRA, absent this exemption request.                   to the CLB of the facility since the
                                                  individual listed in the FOR FURTHER                                                                          period of time covered in PG&E’s
                                                                                                          II. Request/Action
                                                  INFORMATION CONTACT section of this                                                                           December 21, 2015, update (ADAMS
                                                  document.                                                  Pursuant to 10 CFR 54.15, ‘‘Specific               Accession No. ML16004A149) by a date
                                                     • NRC’s Agencywide Documents                         exemptions,’’ which references 10 CFR                 agreed upon between PG&E and the
                                                  Access and Management System                            50.12, PG&E’s letter dated August 1,                  NRC.
                                                  (ADAMS): You may obtain publicly-                       2016 (ADAMS Accession No.
                                                                                                          ML16214A369), requested an exemption                  Authorized by Law
                                                  available documents online in the
                                                  ADAMS Public Documents collection at                    from the requirements of 10 CFR 54.21,                   Pursuant to 10 CFR 54.15, and in
                                                  http://www.nrc.gov/reading-rm/                          ‘‘Contents of application—technical                   accordance with 10 CFR 50.12, the NRC
                                                  adams.html. To begin the search, select                 information,’’ paragraph (b), related to              may grant an exemption from the
                                                  ‘‘ADAMS Public Documents’’ and then                     the schedule for submitting periodic                  requirements of 10 CFR part 54, if the
                                                  select ‘‘Begin Web-based ADAMS                          updates to the DCPP LRA, while the                    exemption is authorized by law. The
                                                  Search.’’ For problems with ADAMS,                      NRC staff’s review of the DCPP LRA is                 exemption is authorized by law in that
                                                  please contact the NRC’s Public                         suspended. Given PG&E’s request for                   no other prohibition of law exists to
                                                  Document Room (PDR) reference staff at                  approval from the California Public                   preclude the activities which would be
                                                  1–800–397–4209, 301–415–4737, or by                     Utilities Commission to not proceed                   authorized by the exemption. Granting
                                                  email to pdr.resource@nrc.gov. The                      with license renewal for DCPP, PG&E is                this exemption will provide PG&E with
                                                  ADAMS accession number for each                         requesting exemption from the                         relief from the requirements of 10 CFR
                                                  document referenced (if it is available in              requirements in 10 CFR 54.21(b).                      54.21(b) while review of the DCPP LRA
                                                  ADAMS) is provided the first time that                  Should the California Public Utilities                is suspended and will not result in a
                                                  a document is referenced.                               Commission deny PG&E’s request and                    violation of the Atomic Energy Act of
                                                     • NRC’s PDR: You may examine and                     direct PG&E to pursue license renewal,                1954, as amended, or the NRC’s
                                                  purchase copies of public documents at                  PG&E would provide an amendment to
                                                                                                                                                                regulations. Therefore, this exemption
                                                  the NRC’s PDR, Room O1–F21, One                         the DCPP LRA that identifies changes to
                                                                                                                                                                request is authorized by law.
                                                  White Flint North, 11555 Rockville                      the CLB of the facility that materially
                                                  Pike, Rockville, Maryland 20852.                        affect the contents of the LRA by a date              No Undue Risk to Public Health and
                                                                                                          agreed upon between PG&E and the                      Safety
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          NRC.
                                                  Michael J. Wentzel, Office of Nuclear                                                                            The underlying purpose of 10 CFR
                                                  Reactor Regulation, U.S. Nuclear                        III. Discussion                                       54.21(b) is to ensure that changes made
                                                  Regulatory Commission, Washington DC                       Pursuant to 10 CFR 54.15, the                      to the CLB of a facility that materially
                                                  20555–0001; telephone: 301–415–6459;                    Commission may, upon application by                   affect an LRA are reflected in a timely
                                                  email: Michael.Wentzel@nrc.gov.                         any interested person or upon its own                 manner over the course of the NRC
                                                  SUPPLEMENTARY INFORMATION:                              initiative, grant exemptions from the                 staff’s review. The requested exemption
                                                                                                          requirements of the regulations of 10                 is administrative in nature, in that it
                                                  I. Background                                                                                                 pertains to the schedule for submitting
                                                                                                          CFR part 54, in accordance with 10 CFR
                                                     By letter dated November 23, 2009                    50.12, when (1) the exemptions are                    periodic updates of an application for
                                                  (ADAMS Package No. ML093340125),                        authorized by law, will not present an                renewal under 10 CFR part 54. Based on
                                                  PG&E submitted an application                           undue risk to the public health and                   the nature of the requested exemption as
                                                  pursuant to part 54 of title 10 of the                  safety, and are consistent with the                   described above, no new accident
                                                  Code of Federal Regulations (10 CFR)                    common defense and security; and (2)                  precursors are created by the exemption.
                                                  for the renewal of Facility Operating                   special circumstances are present. As                 As a result, neither the probability, nor
                                                  Licenses DPR–80 and DPR–82 for DCPP.                    applicable to the requested exemption,                the consequences, of postulated
                                                  A notice of acceptance for docketing of                 special circumstances exist when                      accidents are increased. Therefore, the
                                                  the application and opportunity for                     application of the regulation in the                  requested exemption does not result in
                                                  hearing regarding renewal of the facility               particular circumstances would not                    any undue risk to public health and
                                                  operating licenses was published in the                 serve the underlying purpose of the rule              safety.
                                                  Federal Register on January 21, 2010                    or is not necessary to achieve the                    Consistent With Common Defense and
                                                  (75 FR 3493). On June 21, 2016, PG&E                    underlying purpose of the rule (10 CFR                Security
                                                  notified the NRC that it had reached an                 50.12(a)(2)(ii)).
                                                  agreement in principle with various                        The purpose of 10 CFR 54.21(b) is to                  The requested exemption would
                                                  stakeholders to not proceed with the                    ensure that the effect of changes to a                exempt PG&E from providing updates to
                                                  DCPP license renewal and requested                      renewal applicant’s existing licensing                the DCPP LRA while review of the LRA
                                                  that the NRC suspend activity on the                    basis is evaluated during the review of               is suspended. This proposed change has
                                                  LRA, pending approval of the agreement                  a renewal application (56 FR 64954). As               no relation to security issues. Therefore,
                                                  by the California Public Utilities                      referenced above, the NRC staff has                   the common defense and security is not
                                                  Commission (ADAMS Accession No.                         suspended its review of the DCPP LRA                  impacted by the exemption.
                                                  ML16173A454). On July 28, 2016, the                     in response to PG&E’s June 21, 2016,                  Special Circumstances
                                                  NRC staff notified PG&E that it had                     request. As such, the NRC staff would
                                                  suspended its review of the DCPP LRA                    not review an update to the DCPP LRA,                   Special circumstances, in accordance
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (ADAMS Accession No. ML16193A599).                      should it be provided; therefore,                     with 10 CFR 50.12(a)(2), are present
                                                  Although the NRC staff has suspended                    updating the LRA while the review is                  whenever application of the regulation
                                                  its review of the DCPP LRA, the NRC’s                   suspended is unnecessary to achieve the               in the particular circumstances would
                                                  regulations at 10 CFR 54.21(b) would                    underlying purpose of the rule. Should                not serve the underlying purpose of the
                                                  still require PG&E to provide an annual                 PG&E resume the license renewal                       rule or is not necessary to achieve the
                                                  update to its LRA identifying changes                   process for DCPP, the NRC will require                underlying purpose of the rule (10 CFR
                                                  made to the current licensing basis                     it to provide an amendment to the DCPP                50.12(a)(2)(ii)).


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                                                  57944                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                    As discussed above, the requested                       Staff Analysis: Since the proposed                  a significant effect on the quality of the
                                                  exemption will exempt PG&E from                         action involves only a change regarding               human environment.
                                                  submitting LRA updates while the                        the submission of updates, which is                     Dated at Rockville, Maryland, this 17th
                                                  NRC’s review of the application is                      administrative in nature, it does not                 Day of August 2016.
                                                  suspended. Because the NRC staff                        contribute to any significant increase in               For the Nuclear Regulatory Commission.
                                                  would not review an update to the                       occupational or public radiation                      Jane E. Marshall,
                                                  DCPP LRA, should it be provided,                        exposure.                                             Acting Director, Division of License Renewal,
                                                  application of 10 CFR 54.21(b) is not                     IV. 10 CFR 51.22(c)(25)(iv): There is               Office of Nuclear Reactor Regulation.
                                                  necessary to achieve the underlying                     no significant construction impact.
                                                                                                                                                                [FR Doc. 2016–20272 Filed 8–23–16; 8:45 am]
                                                  purpose of the rule. Therefore, special                   Staff Analysis: Since the proposed
                                                                                                                                                                BILLING CODE 7590–01–P
                                                  circumstances exist under 10 CFR                        action involves only a change regarding
                                                  50.12(a)(2)(ii).                                        the submission of updates, which is
                                                                                                          administrative in nature; it does not
                                                  Eligibility for Categorical Exclusion                                                                         NUCLEAR REGULATORY
                                                                                                          involve any construction impact.
                                                  From Environmental Review                                                                                     COMMISSION
                                                                                                            V. 10 CFR 51.22(c)(25)(v): There is no
                                                     With respect to the exemption’s                      significant increase in the potential for             Advisory Committee on Reactor
                                                  impact on the quality of the human                      or consequences from radiological                     Safeguards (ACRS) Meeting of the
                                                  environment, the NRC has determined                     accidents.                                            ACRS Subcommittee on Digital I&C
                                                  that this specific exemption request is                   Staff Analysis: The proposed action                 Systems; Notice of Meeting
                                                  eligible for categorical exclusion as                   involves only a change regarding the
                                                  identified in 10 CFR 51.22(c)(25). Under                submission of updates, which is                          The ACRS Subcommittee on Digital
                                                  10 CFR 51.22(c)(25), granting of an                     administrative in nature and does not                 I&C Systems will hold a meeting on
                                                  exemption from the requirements of any                  impact the probability or consequences                September 7, 2016, Room T–2B1, 11545
                                                  regulation of 10 CFR chapter 1 (which                   of accidents.                                         Rockville Pike, Rockville, Maryland.
                                                  includes 10 CFR 54.21(b)) is an action                    VI. 10 CFR 51.22(c)(25)(vi): The                       The meeting will be open to public
                                                  that is a categorical exclusion, provided               requirements from which this                          attendance.
                                                  that it meets the requirements of 10 CFR                exemption is sought involve 10 CFR                       The agenda for the subject meeting
                                                  51.22(c)(25)(i) through (vi). The NRC                   51.22(c)(25)(vi)(B) (reporting                        shall be as follows:
                                                  staff’s determination that each of the                  requirements) and 10 CFR                              Wednesday, September 7, 2016—8:30
                                                  applicable criteria for this categorical                51.22(c)(25)(vi)(G) (scheduling                       a.m. Until 12 p.m.
                                                  exclusion is met as follows:                            requirements).
                                                                                                            Staff Analysis: The exemption request                  The Subcommittee will review the
                                                     I. 10 CFR 51.22(c)(25)(i): There is no                                                                     Methods for Assuring Safety and
                                                                                                          involves requirements in both of these
                                                  significant hazards consideration.                                                                            Dependability when Applying Digital
                                                                                                          categories because it involves
                                                     Staff Analysis: The criteria for                                                                           Instrumentation and Control Systems.
                                                                                                          suspending the requirement contained
                                                  determining if an exemption involves a                                                                        The Subcommittee will hear
                                                                                                          in 10 CFR 54.21(b) to provide an update
                                                  significant hazards consideration are                                                                         presentations by and hold discussions
                                                                                                          to the DCPP LRA each year following
                                                  found in 10 CFR 50.92. The action                                                                             with the NRC staff, representatives from
                                                                                                          submittal of the LRA.
                                                  involves only changes regarding the                                                                           EPRI, and other interested persons
                                                  submission of updates to an application                 IV. Conclusions                                       regarding this matter. The
                                                  for which the licensing review is                          The NRC has determined that,                       Subcommittee will gather information,
                                                  currently suspended. Therefore, there                   pursuant to 10 CFR 54.15, and in                      analyze relevant issues and facts, and
                                                  are no significant hazard considerations                accordance with 10 CFR 50.12, the                     formulate proposed positions and
                                                  because granting the exemption would                    exemption is authorized by law, will not              actions, as appropriate, for deliberation
                                                  not:                                                    present an undue risk to the public                   by the Full Committee.
                                                     (1) Involve a significant increase in                health and safety, and is consistent with                Members of the public desiring to
                                                  the probability or consequences of an                   the common defense and security. Also,                provide oral statements and/or written
                                                  accident previously evaluated; or                       special circumstances exist under 10                  comments should notify the Designated
                                                     (2) Create the possibility of a new or               CFR 50.12(a)(2)(ii). Therefore, the NRC               Federal Official (DFO), Christina
                                                  different kind of accident from any                     hereby grants PG&E this exemption from                Antonescu (Telephone 301–415–6792 or
                                                  accident previously evaluated; or                       the requirements of 10 CFR 54.21(b) to                Email: Christina.Antonescu@nrc.gov)
                                                     (3) Involve a significant reduction in               allow PG&E to dispense with the                       five days prior to the meeting, if
                                                  a margin of safety.                                     submission of updates to the DCPP LRA                 possible, so that appropriate
                                                     II. 10 CFR 51.22(c)(25)(ii): There is no             while the NRC’s review of the LRA is                  arrangements can be made. Thirty-five
                                                  significant change in the types or                      suspended. Should PG&E resume the                     hard copies of each presentation or
                                                  significant increase in the amounts of                  license renewal process for DCPP, the                 handout should be provided to the DFO
                                                  any effluents that may be released                      NRC will require it to provide an                     thirty minutes before the meeting. In
                                                  offsite.                                                amendment to the DCPP LRA that                        addition, one electronic copy of each
                                                     Staff Analysis: The proposed action                  identifies applicable changes to the CLB              presentation should be emailed to the
                                                  involves only a change regarding the                    of the facility since the period of time              DFO one day before the meeting. If an
                                                  submission of updates, which is                         covered in PG&E’s December 21, 2015,                  electronic copy cannot be provided
                                                  administrative in nature, and does not                  update by a date agreed upon between                  within this timeframe, presenters
mstockstill on DSK3G9T082PROD with NOTICES




                                                  involve any changes in the types or                     PG&E and the NRC.                                     should provide the DFO with a CD
                                                  significant increase in the amounts of                     Additionally, pursuant to 10 CFR                   containing each presentation at least
                                                  effluents that may be released offsite.                 51.22, the Commission has determined                  thirty minutes before the meeting.
                                                     III. 10 CFR 51.22(c)(25)(iii): There is              that the exemption request meets the                  Electronic recordings will be permitted
                                                  no significant increase in individual or                applicable categorical exclusion criteria             only during those portions of the
                                                  cumulative public or occupational                       set forth in 10 CFR 51.22(c)(25), and the             meeting that are open to the public.
                                                  radiation exposure.                                     granting of this exemption will not have              Detailed procedures for the conduct of


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Document Created: 2016-08-24 03:03:07
Document Modified: 2016-08-24 03:03:07
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 August 24, 2016.
ContactMichael J. Wentzel, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6459; email: [email protected]
FR Citation81 FR 57942 

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