76054 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 

requirements, the licensee is required to 

be in compliance with all other 

applicable physical security 

requirements as described in 10 CFR 

73.55 and reflected in its current NRC 

approved physical security program. By 

July 15, 2011, SNC will be in full 

compliance with all the regulatory 

requirements of 10 CFR 73.55 for the 

FNP, as issued on March 27, 2009. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The NRC staff has reviewed the 

licensee’s submittals and concludes that 

the licensee has provided adequate 

justification for its request for an 

extension of the compliance date to July 

15, 2011, with regard to three specific 

requirements of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ an 

exemption from the March 31, 2010, 

compliance date is authorized by law 

and will not endanger life or property or 

the common defense and security, and 

is otherwise in the public interest. 

Therefore, the Commission hereby 

grants the requested exemption. 

The NRC staff has determined that the 

long-term benefits that will be realized 

when the FNP equipment installation is 

complete justifies extending the full 

compliance date with regard to the 

specific requirements of 10 CFR 73.55. 

The security measures, that SNC needs 

additional time to implement, are new 

requirements imposed by the March 27, 

2009, amendments to 10 CFR 73.55, and 

is in addition to those required by the 

security orders issued in response to the 

events of September 11, 2001. 

Therefore, it is concluded that the 

licensee’s actions are in the best interest 

of protecting the public health and 

safety through the security changes that 

will result from granting this exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

implementation deadline for the 

requirement specified in the SNC letters 

dated September 10 and October 5, 

2010, the licensee is required to be in 

full compliance by July 15, 2011. In 

achieving compliance, the licensee is 

reminded that it is responsible for 

determining the appropriate licensing 

mechanism (i.e., 10 CFR 50.54(p) or 10 

CFR 50.90) for incorporation of all 

necessary changes to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 73135, 

dated November 29, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 1st day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–30650 Filed 12–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–341; NRC–2010–0357] 

Detroit Edison Company Fermi, Unit 2; 

Exemption 

1.0 Background 

Detroit Edison Company (DECo) is the 

licensee and holder of Facility 

Operating License No. NFP–43 issued 

for Fermi, Unit 2 (Fermi-2), located in 

Monroe County, Michigan. The licensee 

anticipates using rail to ship radioactive 

waste. From the licensee’s experience 

with radioactive shipments from the 

decommissioning of Fermi-1, a 

permanently shutdown nuclear reactor 

facility located onsite, rail shipments 

typically take more than 20 days from 

the site to receipt acknowledgement 

from the disposal site. Each shipment 

with receipt notifications greater than 

20 days requires a special investigation 

and report to the U.S. Nuclear 

Regulatory Commission (NRC or the 

Commission) which the licensee 

believes to be burdensome and 

unnecessary to meet the intent of the 

regulation. 

2.0 Request/Action 

In a letter to the Commission dated 

February 5, 2010 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML100430349), DECo requested an 

exemption from the requirements in 10 

CFR part 20, appendix G, section III.E, 

to investigate and file a report to the 

NRC if shipments of low-level 

radioactive waste are not acknowledged 

by the intended recipient within 20 

days after transfer to the shipper. This 

exemption would extend the time 

period that can elapse during shipments 

of low-level radioactive waste before 

DECo is required to investigate and file 

a report to the NRC from 20 days to 35 

days. The exemption would be 

applicable to rail and truck/rail mixedmode shipments. The exemption 

request is based on an analysis of the 

historical data of low-level radioactive 

waste shipment times from the Fermi-1 

site to the disposal site. This historical 

data is further described below and in 

the Environmental Assessment and 

Finding of No Significant Impact (75 FR 

20867) that was published for the 

exemption which was granted in May 

2010 for Enrico Fermi Atomic Power 

Plant Unit 1. 

3.0 Discussion 

The proposed action would grant an 

exemption to extend the 20-day 

investigation and reporting 

requirements for shipments of low-level 

radioactive waste to 35 days. 

Historical data derived from 

experience at Fermi-1 indicates that rail 

transportation time to waste disposal 

facilities almost always exceeds the 20- 

day reporting requirement. A review of 

the Fermi-1 data indicates that 

transportation time for shipments by rail 

or truck/rail took over 20 days on 

average. In addition, administrative 

processes at the disposal facilities and 

mail delivery times could add several 

additional days. 

Pursuant to 10 CFR 20.2301, the 

Commission may, upon application by a 

licensee or upon its own initiative, grant 

an exemption from the requirements of 

regulations in 10 CFR part 20 if it 

determines the exemption is authorized 

by law and would not result in undue 

hazard to life or property. There are no 

provisions in the Atomic Energy Act (or 

in any other Federal statute) that impose 

a requirement to investigate and report 

on low-level radioactive waste 

shipments that have not been 

acknowledged by the recipient within 

20 days of transfer. 

Therefore, the Commission concludes 

that there is no statutory prohibition on 

the issuance of the requested exemption 

and the Commission is authorized to 

grant the exemption by law. 

The Commission acknowledges that, 

based on the shipment times to date 

from the Fermi-1 site to the disposal 

facility, the need to investigate and 

report on shipments that take longer 

than 20 days could result in an 

excessive administrative burden on the 

licensee. The Commission finds that the 

underlying purpose of the Appendix G 

timing provision at issue is to 

investigate a late shipment that may be 

lost, misdirected, or diverted. 

Furthermore, by extending the elapsed 

time for receipt acknowledgment to 35 

days before requiring investigations and 

reporting, a reasonable upper limit on 

shipment duration (based on historical 

analysis) is still maintained if a 

breakdown of normal tracking systems 

were to occur. Consequently, the 

Commission finds that there is no 

hazard to life or property by extending 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 76055 

the investigation and reporting time for 

low-level radioactive waste shipments 

from 20 days to 35 days for rail and 

truck/rail mixed-mode shipments. 

Therefore, the Commission concludes 

that the underlying purpose of 10 CFR 

part 20, Appendix G, Section III.E will 

be met. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

20.2301, the exemption requested by 

DECo in its letter dated February 5, 

2010, is authorized by law and will not 

result in undue hazards to life or 

property. Therefore, the Commission 

hereby grants DECo an exemption to 

extend the 20-day investigation and 

reporting requirements for shipments of 

low-level radioactive waste, as required 

by 10 CFR part 20, Appendix G, Section 

III.E, to 35 days. 

Pursuant to 10 CFR 51.31, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment as documented in 

Federal Register (FR) notice (75 FR 

70707; November 18, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 24th day 

of November 2010. 

For the U.S. Nuclear Regulatory 

Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–30636 Filed 12–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Docket No. 50–298; NRC–2008–0617] 

Nebraska Public Power District Cooper 

Nuclear Station; Notice of Issuance of 

Renewed Facility Operating License 

No. DPR–46 for an Additional 20-Year 

Period and Record of Decision 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) has issued renewed 

facility operating license No. DPR–46 to 

Nebraska Public Power District (NPPD), 

the operator of the Cooper Nuclear 

Station (CNS). Renewed facility 

operating license No. DPR–46 

authorizes operation of CNS at reactor 

core power levels not in excess of 2419 

megawatts thermal (830 megawatts 

electric), in accordance with the 

provisions of the CNS renewed license 

and its technical specifications. 

The notice also serves as the record of 

decision for the renewal of facility 

operating license No. DPR–46, 

consistent with Title 10 of the Code of 

Federal Regulations 51.103 (10 CFR 

51.103). As discussed in the final 

Supplemental Environmental Impact 

Statement (FSEIS) for CNS, dated July 

2010, the Commission considered a 

range of reasonable alternatives that 

included generation from coal, natural 

gas, combination of alternatives, and the 

no action alternative. The factors 

considered in the record decision can be 

found in the FSEIS for CNS (Generic 

Environmental Impact Statement for 

License Renewal of Nuclear Plants, 

Supplement 41). 

CNS is a BWR located in Nemaha 

County, Nebraska. The application for 

the renewed license complied with the 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. As required by the Act and 

the Commission’s regulations in 10 CFR 

Chapter I, the Commission has made 

appropriate findings, which are set forth 

in the license. Prior public notice of the 

action involving the proposed issuance 

of the renewed license and of an 

opportunity for a hearing regarding the 

proposed issuance of the renewed 

license was published in the Federal 

Register on December 30, 2008. 

For further details with respect to this 

action, see: (1) NPPD’s license renewal 

application for CNS dated September 

24, 2008, as supplemented by letters 

dated through August 30, 2010; (2) the 

Commission’s safety evaluation report 

(NUREG–1944), published in October 

2010; (3) the applicant’s updated safety 

analysis report; and (4) the 

Commission’s final environmental 

impact statement (NUREG–1437, 

Supplement 41), for CNS, published in 

July 2010. These documents are 

available at the NRC’s Public Document 

Room, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852, and can be viewed from the NRC 

Public Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. 

Copies of Renewed Facility Operating 

License No. DPR–46, may be obtained 

by writing to the U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attention: Director, 

Division of License Renewal. Copies of 

the CNS safety evaluation report 

(NUREG–1944) and the final 

environmental impact statement 

(NUREG–1437, Supplement 41) may be 

purchased from the National Technical 

Information Service, U.S. Department of 

Commerce, Springfield, VA 22161 

(http://www.ntis.gov), 703–605–6000, or 

Attention: Superintendent of 

Documents, U.S. Government Printing 

Office, P.O. Box 371954, Pittsburgh, PA 

15250–7954 (http:// 

www.gpoaccess.gov), 202–512–1800. All 

orders should clearly identify the NRC 

publication number and the requestor’s 

Government Printing Office deposit 

account number or VISA or MasterCard 

number and expiration date. 

Dated at Rockville, Maryland, this 29th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Melanie A. Galloway, 

Deputy Director, Division of License Renewal, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2010–30647 Filed 12–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0002] 

Sunshine Federal Register Notice 

DATE: Weeks of December 6, 13, 20, 27, 

2010, January 3, 10, 2011. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of December 6, 2010 

There are no meetings scheduled for 

the week of December 6, 2010. 

Week of December 13, 2010—Tentative 

Thursday, December 16, 2010 

2 p.m. Briefing on Construction 

Reactor Oversight Program (cROP) 

(Public Meeting) (Contact: Aida 

Rivera-Varona, 301–415–4001) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of December 20, 2010—Tentative 

Tuesday, December 21, 2010 

9:30 a.m. Briefing on the Threat 

Environment Assessment (Closed— 

Ex. 1). 

1 p.m. Briefing on Security Issues 

(Closed—Ex. 1). 

Week of December 27, 2010—Tentative 

There are no meetings scheduled for 

the week of December 27, 2010. 

Week of January 3, 2011—Tentative 

There are no meetings scheduled for 

the week of January 3, 2011. 

Week of January 10, 2011—Tentative 

There are no meetings scheduled for 

the week of January 10, 2011. 

* * * * * 

The schedule for Commission 

meetings is subject to change on short 


emcdonald on DSK2BSOYB1PROD with NOTICES