9622 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

when the HNP equipment installation is 

complete justifies extending the full 

compliance date with regard to the 

specific requirement of 10 CFR 73.55. 

The security measure, that HNP needs 

additional time to implement, is a new 

requirement 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 letter 

dated November 6, 2009, as 

supplemented November 20, 2009, the 

licensee is required to be in full 

compliance by December 6, 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 3761; dated 

January 22, 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. 2010–4380 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–424 and 50–425; NRC– 

2010–0023] 

Southern Nuclear Operating Company, 

Inc.; Vogtle Electric Generating Plant, 

Units 1 and 2; Exemption 

1.0 Background 

Southern Nuclear Operating 

Company, Inc. (SNC, the licensee), is 

the holder of Renewed Facility 

Operating License Nos. NPF–68 and 

NPF–81, which authorizes operation of 

the Vogtle Electric Generating Plant, 

Units 1 and 2 (VEGP). 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 

Burke County, Georgia. 

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 one 

requirement of these new requirements 

that VEGP 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 6, 2009, as 

supplemented by letter dated November 

20, 2009, the licensee requested an 

exemption in accordance with 10 CFR 

73.5, ‘‘Specific exemptions.’’ The 

licensee’s letters contain proprietary 

information and, accordingly, those 

portions are not available to the public. 

The licensee has requested an 

exemption from the March 31, 2010, 

compliance date stating that a number 

of issues will present a significant 

challenge to timely completion of the 

project related to a specific requirement 

in 10 CFR Part 73. Specifically, the 

request is to extend the compliance date 

for one specific requirement from the 

current March 31, 2010, deadline to 

September 27, 2010. Being granted this 

exemption for the one item will allow 

the licensee to complete the 

modifications designed to update 

equipment and incorporate state-of-theart technology to meet the noted 

regulatory requirement. 

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, allow an 

extension from March 31, 2010, to 

September 27, 2010, for the 

implementation date for one specific 

requirement of the new rule. The NRC 

staff has determined that granting of the 

licensee’s proposed exemption will 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 (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, 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9623 

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. 

VEGP Schedule Exemption Request 

The licensee provided detailed 

information in its letter dated November 

6, 2009, as supplemented November 20, 

2009, requesting an exemption. It 

describes a comprehensive plan to 

install equipment related to a certain 

requirement in the new Part 73 rule and 

provides a timeline for achieving full 

compliance with the new regulation. 

The submittals contain proprietary 

information regarding the site security 

plan, details of the specific requirement 

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 

September 27, 2010. The timeline 

provides dates indicating (1) when 

various phases of the project begin and 

end (i.e., design, field construction), (2) 

outages scheduled for each unit, and (3) 

when critical equipment will be 

ordered, installed, tested and become 

operational. 

Notwithstanding the schedular 

exemption for this limited 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 NRC approved physical 

security program. By September 27, 

2010, VEGP 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 27, 2010, with regard to a 

specific requirement of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to10 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 VEGP equipment installation 

is complete justifies extending the full 

compliance date with regard to the 

specific requirement of 10 CFR 73.55. 

The security measure, that VEGP needs 

additional time to implement, is a new 

requirement 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 letter 

dated November 6, 2009, as 

supplemented November 20, 2009, the 

licensee is required to be in full 

compliance by September 27, 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 3943; dated 

January 25, 2010. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 24 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. 2010–4381 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. STN 50–528, STN 50–529, and 

STN 50–530; NRC–2010–0058] 

Arizona Public Service Company, et 

al.; Palo Verde Nuclear Generating 

Station, Units 1, 2, and 3; Exemption 

1.0 Background 

The Arizona Public Service Company 

(APS, the facility licensee) is the holder 

of Facility Operating License Nos. NPF– 

41, NPF–51, and NPF–74, which 

authorize operation of the Palo Verde 

Nuclear Generating Station (PVNGS, the 

facility), Units 1, 2, and 3, respectively. 

The licenses provide, among other 

things, that the facility is subject to all 

rules, regulations, and orders of the 

Nuclear Regulatory Commission (NRC, 

or the Commission) now or hereafter in 

effect. 

The facility consists of three 

pressurized-water reactors located in 

Maricopa County, Arizona. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 50, Appendix 

G, ‘‘Fracture Toughness Requirements,’’ 

which is invoked by 10 CFR 50.60, 

requires that pressure-temperature (P–T) 

limits be established for the reactor 

coolant pressure boundary during 

normal operating and hydrostatic or 

leak rate testing conditions. Specifically, 

10 CFR Part 50, Appendix G states that 

‘‘[t]he appropriate requirements on both 

the pressure-temperature limits and the 

minimum permissible temperature must 

be met for all conditions,’’ and ‘‘[t]he 

pressure-temperature limits identified 

as ‘ASME [American Society for 

Mechanical Engineers] Appendix G 

limits’ in Table 3 require that the limits 

must be at least as conservative as limits 

obtained by following the methods of 

analysis and the margins of safety of 

Appendix G of Section XI of the ASME 

Code [Boiler and Pressure Vessel 

Code].’’ The regulations in 10 CFR Part 

50, Appendix G, also specify the 

applicable editions and addenda of the 

ASME Code, Section XI, which are 

incorporated by reference in 10 CFR 

50.55a. In the most recent version of 10 

CFR (2009 Edition), the 1977 Edition 

through the 2004 Edition of the ASME 

Code, Section XI are incorporated by 

reference in 10 CFR 50.55a. Finally, 10 

CFR 50.60(b) states that, ‘‘[p]roposed 

alternatives to the described 

requirements in Append[ix] G * * * of 

this part or portions thereof may be used 

when an exemption is granted by the 

Commission under [10 CFR] 50.12.’’ 

By letter dated February 19, 2009, as 

supplemented by letter dated December 

22, 2009 (Agencywide Documents 

Access and Management System 

(ADAMS) Accession Nos. ML090641014 

and ML100040069, respectively), the 

licensee submitted a request for 

exemption from 10 CFR Part 50, 

Appendix G regarding the pressuretemperature (P–T) limits calculation, 

and a license amendment request to 

revise Technical Specification (TS) 3.4, 

‘‘Reactor Coolant System (RCS),’’ to 

relocate the P–T limits and the low 

temperature overpressure protection 

(LTOP) system enable temperatures 

from the TS to a licensee-controlled 

document; the Pressure and 

Temperature Limits Report (PTLR). In 

the license amendment request, the 

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