82414 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 

including the use of automated 

collection techniques or other forms of 

information technology? 

A copy of the draft supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. Comments 

submitted in writing or in electronic 

form will be made available for public 

inspection. Because your comments will 

not be edited to remove any identifying 

or contact information, the NRC 

cautions you against including any 

information in your submission that you 

do not want to be publicly disclosed. 

Comments submitted should reference 

Docket No. NRC–2010–0347. You may 

submit your comments by any of the 

following methods. Electronic 

comments: Go to http:// 

www.regulations.gov and search for 

Docket No. NRC–2010–0347. Mail 

comments to NRC Clearance Officer, 

Tremaine Donnell (T–5 F53), U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. Questions 

about the information collection 

requirements may be directed to the 

NRC Clearance Officer, Tremaine 

Donnell (T–5 F53), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by telephone at 301– 

415–6258, or by e-mail to 

INFOCOLLECTS.Resource@NRC.GOV. 

Dated at Rockville, Maryland, this 2nd day 

of December, 2010. 

For the Nuclear Regulatory Commission. 

Kristen Benney, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. 2010–32920 Filed 12–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–261; NRC–2010–0062] 

Carolina Power & Light Company; 

H. B. Robinson Steam Electric Plant, 

Unit No. 2; Exemption 

1.0 Background 

Carolina Power & Light Company 

(CP&L, the licensee) is the holder of 

Renewed Facility Operating License No. 

DPR–23, which authorizes operation of 

the H.B. Robinson Steam Electric Plant, 

Unit 2 (HBRSEP). The license provides, 

among other things, that the facility is 

subject to all rules, regulations, and 

orders of the U.S. Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. The facility 

consists of one pressurized-water 

reactor located in New Hill, North 

Carolina. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 73, ‘‘Physical 

protection of plants and materials,’’ 

Section 73.55, ‘‘Requirements for 

physical protection of licensed activities 

in nuclear power reactors against 

radiological sabotage,’’ published as a 

final rule in the Federal Register on 

March 27, 2009, effective May 26, 2009, 

with a full implementation date of 

March 31, 2010, requires licensees to 

protect, with high assurance, against 

radiological sabotage by designing and 

implementing comprehensive site 

security plans. The amendments to 10 

CFR 73.55 published on March 27, 2009 

(74 FR 13926), establish and update 

generically applicable security 

requirements similar to those previously 

imposed by Commission orders issued 

after the terrorist attacks of September 

11, 2001, and implemented by licensees. 

In addition, the amendments to 10 CFR 

73.55 include additional requirements 

to further enhance site security based 

upon insights gained from 

implementation of the post-September 

11, 2001, security orders. 

By letter dated March 3, 2010 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML100082190), the NRC 

granted an exemption to the licensee for 

two specific items subject to the new 

rule in 10 CFR 73.55, allowing the 

implementation of these items to be 

extended until December 30, 2010. The 

licensee has implemented all other 

physical security requirements 

established by this rulemaking prior to 

March 31, 2010, the required 

implementation date. 

By letter dated September 30, 2010, 

the licensee requested an exemption in 

accordance with 10 CFR 73.5, ‘‘Specific 

exemptions.’’ Specifically, the licensee 

requested an extension of the 

implementation date for the remaining 

one item from December 30, 2010, to 

September 16, 2011. Portions of the 

licensee’s September 30, 2010, letter 

contain security-related information 

and, accordingly, a redacted version of 

this letter is available for public review 

in the ADAMS No. ML103360283. The 

licensee requested this exemption to 

allow an additional extension from the 

current implementation date granted in 

the prior exemption to implement one 

remaining item of the requirements that 

involves important physical 

modifications to the HBRSEP security 

system. The licensee has performed an 

extensive evaluation of the revised 

10 CFR part 73 and has achieved 

compliance with a vast majority of the 

revised rule. However, the licensee has 

determined that implementation of one 

specific item of the rule will require 

more time to implement because it 

involves upgrades to the security system 

that require significant physical 

modifications (e.g., the relocation of 

certain security assets to a new security 

building that will be constructed, and 

the addition of certain power supplies). 

Granting an exemption would allow the 

licensee time to complete the necessary 

security modifications to meet the 

regulatory requirements. 

3.0 Discussion of Part 73 Schedule 

Exemption From the March 31, 2010, 

Full Implementation Date 

Pursuant 10 CFR 73.55(a)(1), ‘‘By 

March 31, 2010, each nuclear power 

reactor licensee, licensed under 10 CFR 

Part 50, shall implement the 

requirements of this section through its 

Commission-approved Physical Security 

Plan, Training and Qualification Plan, 

Safeguards Contingency Plan, and Cyber 

Security Plan referred to collectively 

hereafter as ‘security plans.’’’ In 

accordance with 10 CFR 73.5, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 73 when 

the exemptions are authorized by law, 

and will not endanger life or property or 

the common defense and security, and 

are otherwise in the public interest. 

In the draft final rule provided to the 

Commission, the NRC staff proposed 

that the requirements of the new 

regulation be met within 180 days. The 

Commission directed a change from 180 

days to approximately 1 year for 

licensees to fully implement the new 

requirements. This change was 

incorporated into the final rule. 

As noted in the final rule, the 

Commission anticipated that licensees 

would have to conduct site-specific 

analyses to determine what changes 

were necessary to implement the rule’s 

requirements, and that changes could be 

accomplished through a variety of 

licensing mechanisms, including 

exemptions. Since issuance of the final 

rule, the Commission has rejected a 

request to generically extend the rule’s 

compliance date for all operating 

nuclear power plants, but noted that the 

Commission’s regulations provide 

mechanisms for individual licensees, 

with good cause, to apply for relief from 

the compliance date (Reference: June 4, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 82415 

2009, letter from R.W. Borchardt, NRC, 

to M.S. Fertel, Nuclear Energy Institute 

(ADAMS Accession No. 

ML091410309)). The licensee’s request 

for an exemption is, therefore, 

consistent with the approach set forth 

by the Commission and discussed in the 

June 4, 2009, letter. 

NRC approval of this exemption 

would allow an additional extension 

from the implementation date granted 

under a previous exemption from 

December 30, 2010, to September 16, 

2011, for one remaining item of the final 

rule. As stated above, 10 CFR 73.5 

allows the NRC to grant exemptions 

from the requirements of 10 CFR part 

73. The NRC staff has determined that 

granting of the licensee’s proposed 

exemption would not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

H.B. Robinson Schedule Exemption 

Request 

The licensee provided detailed 

information in its letter dated 

September 30, 2010, describing the 

reason and justification for an 

exemption to extend the 

implementation date for the one 

remaining requirement. Additionally, 

the licensee has provided information 

regarding the revised scope for projects 

at HBRSEP and the impacts on the 

licensee’s ability to meet the current 

implementation date of December 30, 

2010. The proposed exemption is 

needed to provide the licensee with 

additional time, beyond the date granted 

by the NRC letter dated March 3, 2010, 

to implement one remaining item of the 

two requirements in the previous 

exemption that involves important 

physical modifications to the HBRSEP 

security system. The licensee has 

determined that implementation of one 

specific provision of the rule will 

require more time to implement because 

it involves upgrades to the security 

system that require significant physical 

modifications. The licensee identified 

several issues that have delayed the 

work to this point and impacted the 

projected schedule: (1) The complexity 

of the design and construction of the 

projects which lead to unforeseen scope 

growth; (2) a better understanding of the 

time necessary for transition and testing 

for the new systems; and (3) due to a fire 

in an electrical switchgear room, the 

spring refueling outage was extended 

beyond that originally anticipated when 

schedules were first developed. These 

issues were revealed as the design 

evolved from the conceptual state to a 

detailed design. Additional time, 

beyond that previously approved, is 

needed due the extensive redesign and 

review effort that was unforeseen at the 

conceptual design stage. Portions of the 

September 30, 2010, letter contain 

security-related information regarding 

the site security plan, details of specific 

portions of the regulation from which 

the licensee seeks exemption, 

justification for the additional extension 

request, a description of the required 

changes to the physical security 

systems, and a revised timeline with 

critical path activities that would enable 

the licensee to achieve full compliance 

by September 16, 2011. The timeline 

provides dates indicating when (1) 

Design activities will be completed and 

approved, (2) the extended refueling 

outage started and finished, (3) various 

construction activities will be 

completed, and (4) the new and 

relocated equipment will be installed 

and tested. 

The site-specific information 

provided within the HBRSEP exemption 

request is relative to the requirements 

from which the licensee requested 

exemption and demonstrates the need 

for modification to meet the one specific 

remaining requirement of 10 CFR 73.55. 

The proposed implementation schedule 

depicts the critical activity milestones of 

the security system upgrades; is 

consistent with the licensee’s solution 

for meeting the requirements; is 

consistent with the scope of the 

modifications and the issues and 

challenges identified; and is consistent 

with the licensee’s requested 

compliance date. 

Notwithstanding the proposed 

schedule exemption for this one 

remaining requirement, the licensee will 

continue to be in compliance with all 

other applicable physical security 

requirements as described in 10 CFR 

73.55 and reflected in its current NRCapproved physical security program. By 

September 16, 2011, the HBRSEP 

physical security system will be in full 

compliance with all of the regulatory 

requirements of 10 CFR 73.55, as 

published 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 previously authorized 

implementation date from December 30, 

2010, with regard to one remaining 

requirement of 10 CFR 73.55, to 

September 16, 2011. This conclusion is 

based on the NRC staff’s determination 

that the licensee has made a good faith 

effort to meet the requirements in a 

timely manner, has sufficiently 

described the reason for the 

unanticipated delays, and has provided 

an updated detailed schedule with 

adequate justification to the additional 

time requested for the extension. 

The long-term benefits that will be 

realized when the security systems 

upgrade is complete justify extending 

the full compliance date with regard to 

the specific requirements of 10 CFR 

73.55 for this particular licensee. The 

security measures that HBRSEP needs 

additional time to implement are new 

requirements imposed by amendments 

to 10 CFR 73.55, as published on March 

27, 2009, and are in addition to those 

required by the security orders issued in 

response to the events of September 11, 

2001. Accordingly, an exemption from 

the March 31, 2010, implementation 

date is authorized by law and will not 

endanger life or property or the common 

defense and security, and the 

Commission hereby grants the requested 

exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption to the March 31, 2010, 

implementation date for the one 

remaining item specified in Attachment 

1 of the CP&L letter dated September 30, 

2010, the licensee is required to 

implement this one remaining item and 

be in full compliance with 10 CFR 73.55 

by September 16, 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. 

In accordance with 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 80545 dated December 22, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 22nd 

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. 2010–32917 Filed 12–29–10; 8:45 am] 

BILLING CODE 7590–01–P 


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