10840 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 

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, (SECY–08–0099, dated 

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 rule, 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 

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 as discussed in the 

June 4, 2009, letter. 

VCSNS Schedule Exemption Request 

The licensee provided detailed 

information in Enclosures 1 and 2 and 

attachment 1 (NRC ADAMS ML 

093480496) of its letter dated December 

11, 2009 (RC–09–0148), requesting an 

exemption. It describes a plan that 

proceeds from the now completed study 

phase to the major activities of design 

development of the engineering change 

request package to support the activities 

necessary for full compliance with part 

73. These activities include the required 

plant modifications; design 

development of custom computer 

software; detailed field planning; work 

document development; schedule 

integration including integration of the 

new equipment with the existing 

security system; material procurement; 

field implementation of the required 

plant modifications including 

installation of fiber optic cables, large 

and small diameter conduit and 

distribution boxes; connections to the 

computer system; and project closeout. 

SCE&G has also provided a timeline for 

achieving full compliance with the new 

regulation that shows the design, 

planning procurement, construction, 

testing, and project closeout activities. 

SCE&G stated that the project schedule 

takes into consideration the logistical 

efforts required to maintain the current 

defensive strategy while implementing 

the security system upgrade. SCE&G’s 

letter (RC–09–0148) and its Enclosures 1 

and 2 and Attachment 1 (ADAMS 

ML093480496 and ML093480497) 

contains security-related information 

regarding the site security issues, details 

of specific portions of the new 

regulation with which SCE&G cannot be 

in compliance by the March 31, 2010, 

deadline, why the required changes to 

the VCSNS security configuration could 

not be completed by March 31, 2010, 

and a timeline with critical path 

activities that would enable SCE&G to 

achieve full compliance by September 

30, 2010. The timeline provides 

milestone dates for engineering, 

planning and procurement, 

implementation, startup and testing, 

engineering closeout, and project 

closeout. 

Notwithstanding the scheduler 

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 

September 30, 2010, VCSNS 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 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 

September 30, 2010, with regard to two 

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 licensee’s 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 

SCE&G needs additional time to 

implement, are new requirements 

imposed by the 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, 

implementation deadline for the two 

requirements specified in the licensee’s 

two letters dated December 11, 2009, the 

licensee is required to be in full 

compliance by September 30, 2010. 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 8756; dated 

February 25, 2010. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 1st day 

of March, 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4935 Filed 3–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS) Meeting of the 

Subcommittee on Advanced Boiling 

Water Reactor (ABWR); Notice of 

Meeting 

The ACRS Subcommittee on ABWR 

will hold a meeting on March 18, 2010, 

at 11545 Rockville Pike, Rockville, 

Maryland, Room T2 B3. 

The meeting will be open to public 

attendance, with the exception of a 

portion that may be closed to protect 

information that is proprietary to the 

South Texas Project (STP), pursuant to 

5 U.S.C. 552b(c)(4). 

The agenda for the subject meeting 

shall be as follows: 

March 18, 2010–8:30 a.m.–5 p.m. 

The Subcommittee will review 

selected chapters (5, 8, 16, and 17) of 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10841 

the Safety Evaluation Report with Open 

Items associated with the STP 

Combined License Application. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), Maitri Banerjee 

(Telephone: 301–415–6973, E-mail: 

Maitri.Banerjee@nrc.gov) five days prior 

to the meeting, if possible, so that 

appropriate arrangements can be made. 

Thirty-five hard copies of each 

presentation or handout should be 

provided to the DFO thirty minutes 

before the meeting. In addition, one 

electronic copy of each presentation 

should be emailed to the DFO one day 

before the meeting. If an electronic copy 

cannot be provided within this 

timeframe, presenters should provide 

the DFO with a CD containing each 

presentation at least thirty minutes 

before the meeting. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. Detailed 

procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 14, 2009, (74 FR 58268–58269). 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the Web site cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in major 

inconvenience. 

Dated: March 3, 2010. 

Antonio F. Dias, 

Chief, Reactor Safety Branch B, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2010–4942 Filed 3–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act; Meeting Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission [NRC–2010– 

0002]. 

DATE: Week of March 8, 2010 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland 

STATUS: Public and Closed 

ADDITIONAL ITEMS TO BE CONSIDERED: 

Week of March 8, 2010 

Wednesday, March 10, 2010 

2 p.m. Affirmation Session (Public 

Meeting) (Tentative) 

a. Progress Energy Carolinas, Inc. 

(Shearon Harris Nuclear Power 

Plant, Units 2 and 3), Notice of 

Appeal, Request for Oral Argument 

and Brief Supporting Notice of 

Appeal by NC WARN (July 22, 

2009) (Tentative) 

b. U.S. Department of Energy (High 

Level Waste Repository) Appeal of 

William D. Peterson (Tentative) 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. 

Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an email to 

darlene.wright@nrc.gov. 

Dated: March 3, 2010. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. 2010–4982 Filed 3–5–10; 1:30 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0002] 

Sunshine Act; Meeting Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of March 8, 15, 22, 29, 

April 5, 12, 2010. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of March 8, 2010 

Thursday, March 11, 2010 

10:30 a.m. 

Affirmation Session (Public Meeting) 

(Tentative). 

a. Progress Energy Carolinas, Inc. 

(Shearon Harris Nuclear Power 

Plant, Units 2 and 3), Notice of 

Appeal, Request for Oral Argument 

and Brief Supporting Notice of 

Appeal by NC WARN (July 22, 

2009) (Tentative). 

b. U.S. Department of Energy (High 

Level Waste Repository) Appeal of 

William D. Peterson (Tentative). 

c. Final Rule: 10 CFR 51.22, ‘‘Criterion 

for Categorical Exclusion; 

Identification of Licensing and 

Regulatory Actions Eligible for 

Categorical Exclusion or Otherwise 

Not Requiring Environmental 

Review’’ (RIN 3150–AI27) 

(Tentative). 

Week of March 15, 2010—Tentative 

Tuesday, March 16, 2010 

1:30 p.m. 

Joint Meeting of the Federal Energy 

Regulatory Commission and the 

Nuclear Regulatory Commission on 

Grid Reliability (Public Meeting). 

(Contact: Kenn Miller, 301–415– 

3152.) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of March 22, 2010—Tentative 

There are no meetings scheduled for 

the week of March 22, 2010. 

Week of March 29, 2010—Tentative 

There are no meetings scheduled for 

the week of March 29, 2010. 

Week of April 5, 2010—Tentative 

Tuesday, April 6, 2010 

9 a.m. 

Periodic Briefing on New Reactor 

Issues—Design Certifications 

(Public Meeting). (Contact: Amy 

Snyder, 301–415–6822.) 


sroberts on DSKD5P82C1PROD with NOTICES