Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9625 

the reactor coolant system during any 

condition of normal operation to which 

the pressure boundary may be subjected 

over its service lifetime. 

Based on the staff’s March 16, 2001, 

SE regarding CE NPSD–683, Revision 6 

and the licensee’s rationale to support 

the exemption request, the staff agrees 

with the licensee’s determination that 

an exemption is required to approve the 

use of the KIM calculational 

methodology of CE NPSD–683–A, 

Revision 6. The staff concludes that the 

application of the KIM calculational 

methodology of CE NPSD–683–A, 

Revision 6, for PVNGS, Units 1, 2, and 

3 provides sufficient margin in the 

development of RPV P–T limit curves 

such that the underlying purpose of the 

regulations (10 CFR part 50, appendix 

G) continues to be met. Therefore, the 

NRC staff concludes that the exemption 

requested by the licensee is justified 

based on the special circumstances of 10 

CFR 50.12(a)(2)(ii), ‘‘[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.’’ 

Based upon a consideration of the 

conservatism that is incorporated into 

the methodologies of 10 CFR part 50, 

appendix G and ASME Code, Section 

XI, Appendix G, the staff concludes that 

application of the KIM calculational 

methodology of CE NPSD–683–A, 

Revision 6, as described, would provide 

an adequate margin of safety against 

brittle failure of the RPV. Therefore, the 

staff concludes that the exemption is 

appropriate under the special 

circumstances of 10 CFR 50.12(a)(2)(ii), 

and that the application of the KIM

calculational methodology of CE NPSD– 

683–A, Revision 6, is acceptable for use 

in the PVNGS, Units 1, 2, and 3 PTLR 

methodology. 

4.0 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 APS an 

exemption from the requirements of 10 

CFR part 50, appendix G to allow 

application of the KIM calculational 

methodology of CE NPSD–683–A, 

Revision 6 in establishing the PTLR 

methodology for PVNGS, Units 1, 2, and 

3. 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 8149; dated 

February 23, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 24th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4388 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–282 and 50–306; NRC– 

2010–0046] 

Northern States Power Company— 

Minnesota Prairie Island Nuclear 

Generating Plant, Units 1 and 2; 

Exemption 

1.0 Background 

Northern States Power Company, a 

Minnesota corporation (NSPM, the 

licensee) is the holder of Facility 

Operating License Nos. DPR–42 and 

DPR–60, which authorize operation of 

the Prairie Island Nuclear Generating 

Plant, Units 1 and 2 (PINGP). The 

licenses provide, 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 two 

pressurized-water reactors located in 

Goodhue County, Minnesota. 

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 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 programs. The amendments to 

10 CFR 73.55 published on March 27, 

2009, 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. It is from five 

of these new requirements that PINGP 

now seeks an exemption from the March 

31, 2010 implementation date. All other 

physical security requirements 

established by this recent rulemaking 

have already been or will be 

implemented by the licensee by March 

31, 2010. 

By letter dated November 5, 2009, as 

supplemented by letters dated 

November 30 and December 17, 2009, 

the licensee requested an exemption in 

accordance with 10 CFR 73.5, ‘‘Specific 

exemptions.’’ The licensee’s November 5 

and December 17, 2009, letters, and 

certain portions of its November 30, 

2009 (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML100050096), letter, 

contain security-related information 

and, accordingly, are not available to the 

public. The licensee has requested an 

exemption from the March 31, 2010, 

compliance date identified in 10 CFR 

73.55(a)(1), stating that specific parts of 

the new requirements will require more 

time to implement before all 

requirements can be met. Specifically, 

the request is to extend the compliance 

date for five specific requirements from 

the current March 31, 2010, deadline to 

June 30, 2011. Being granted this 

exemption for the five requirements 

would allow the licensee to complete 

the modifications designed to provide 

significant upgrades to the security 

system to meet the noted regulatory 

requirements. 

3.0 Discussion of Part 73 Schedule 

Exemptions From the March 31, 2010, 

Full Implementation Date 

Pursuant to 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.’ ’’ Pursuant 

to 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. 

NRC approval of this exemption 

would, as noted above, extend the 

required compliance date for the 

requirements specified in the licensee’s 

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9626 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

request from March 31, 2010, to June 30, 

2011, for five specific requirements of 

the new 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. 

In the draft final rule provided to the 

Commission on July 9, 2008, 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. From 

this, it is clear that the Commission 

wanted to provide a reasonable 

timeframe for licensees to achieve full 

compliance. 

As noted in the final Power Reactor 

Security Requirements rule (74 FR 

13925, March 27, 2009), the 

Commission also anticipated that 

licensees would have to conduct site 

specific analyses to determine what 

changes were necessary to implement 

the rule’s requirements, and that these 

changes could be accomplished through 

a variety of licensing mechanisms, 

including exemptions. Since issuance of 

the final rule, the Commission has 

rejected a generic industry request to 

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, 2009 letter from R. 

W. Borchardt, NRC, to M.S. Fertel, 

Nuclear Energy Institute). 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. 

PINGP Schedule Exemption Request 

The licensee provided detailed 

information in Enclosures 1 and 2 of its 

November 5, 2009, submittal letter 

requesting an exemption, as well as in 

its supplemental letter dated December 

17, 2009. It describes a comprehensive 

plan to upgrade the security capabilities 

of the PINGP site and provides a 

timeline for achieving full compliance 

with the new regulation. Enclosures 1 

and 2 contain security-related 

information regarding the site security 

plan, details of specific portions of the 

regulation for which the site cannot be 

in compliance by the March 31, 2010, 

deadline and why, the required changes 

to the site’s security configuration, and 

a timeline with critical path activities 

that will bring the licensee into full 

compliance by June 30, 2011. The 

licensee stated that the schedule for the 

physical modifications associated with 

this request were developed based on 

current information and anticipated 

impediments to construction such as 

planned refueling outages at both Units 

1 and 2 and winter weather conditions 

that may impair construction due to 

frozen ground or extreme cold that 

creates personnel safety issues. 

Enclosure 2 to the November 5, 2009, 

submittal includes a timeline that 

provides dates indicating when (1) 

construction will begin on various 

phases of the project, (2) outages are 

scheduled for each unit, and (3) critical 

equipment will be ordered, installed, 

and become operational. 

Notwithstanding the schedular 

exemptions for these limited 

requirements, 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 NRC 

approved physical security program. By 

June 30, 2011, PINGP will be in full 

compliance with all the regulatory 

requirements of 10 CFR 73.55, as issued 

on March 27, 2009. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The staff has reviewed the licensee’s 

submittals and concludes that the 

licensee has provided adequate 

justification for its request for an 

exemption from the March 31, 2010, 

compliance date to June 30, 2011, with 

regard to the specified requirements of 

10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ 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 these projects are complete justify 

extending the March 31, 2010, full 

compliance date with regard to the 

specified requirements of 10 CFR 73.55 

for this particular licensee. The security 

measures, that PINGP needs additional 

time to implement, are new 

requirements imposed by March 27, 

2009 amendments to 10 CFR 73.55, and 

are 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, 

compliance date for the five 

requirements specified in Enclosure 1 of 

the NSPM letter dated November 5, 

2009, the licensee is required to be in 

full compliance by June 30, 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 6225; dated 

February 8, 2010]. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 23rd day 

of February 2010. 

For The Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4382 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0577] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of Regulatory Guide 1.47, 

Revision 1, ‘‘Bypassed and Inoperable 

Status Indication for Nuclear Power 

Plant Safety Systems.’’ 

FOR FURTHER INFORMATION CONTACT: 

Khoi Nguyen, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone (301) 251–7453 or email Khoi.Nguyen@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to an existing guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

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