Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11579 

full compliance with the new 

regulation. The submittal contains 

security-related information regarding 

the site security plan, details of the 

specific requirements 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 

cannot be completed by the deadline, 

and a timeline with critical path 

activities that will bring MNGP into full 

compliance by June 30, 2011. The 

timeline provides dates indicating when 

(1) construction will begin on various 

phases of the project (e.g., buildings, 

fences); (2) critical equipment will be 

ordered, installed, tested and become 

operational; and (3) anticipated 

impediments to construction such as 

planned refueling outages and winter 

weather conditions that may impair 

construction. 

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, MNGP 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 submittal and concludes that 

the licensee has provided adequate 

justification for its request for an 

extension of the 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 long-term benefits that will be 

realized when the modifications to the 

two specific items are complete justify 

exceeding the full compliance date in 

the case of this particular licensee. The 

security measures that the licensee 

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, the NRC staff 

concludes 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, 

deadline for the requirement specified 

in the licensee’s November 3, 2009, 

submittal, 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 6224, dated 

February 8, 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. 2010–4526 Filed 3–10–10; 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 (the 

licensee) is the holder of Facility 

Operating License No. DPF–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 a pressurized 

water reactor located in Darlington 

County, South 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 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 2 of 

these new requirements that HBRSEP 

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 30, 2009, 

the licensee requested an exemption in 

accordance with 10 CFR 73.5, ‘‘Specific 

exemptions.’’ The licensee’s November 

30, 2009, letter contains proprietary and 

security-related information that, 

accordingly, is not available to the 

public. The licensee has requested an 

exemption from the March 31, 2010, 

compliance date stating that it must 

complete a number of significant 

modifications to the current site security 

configuration before all requirements 

can be met. Specifically, the request is 

for two requirements that will be met by 

December 30, 2010, versus the March 

31, 2010, deadline to. Being granted this 

exemption for the two items will allow 

the licensee to complete the 

modifications designed to meet or 

exceed 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
11580 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

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, as 

noted above, allows an extension from 

March 31, 2010, until December 30, 

2010, to allow for temporary 

noncompliance with the new rule in 

two specific areas. As stated above, 10 

CFR 73.5 allows the NRC to grant 

exemptions from the requirements of 10 

CFR 73. 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, 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 and discussed in the 

June 4, 2009 letter. 

HBRSEP Schedule Exemption Request 

The licensee provided detailed 

information in Attachment 1 of its 

November 30, 2009, letter requesting an 

exemption. It describes a 

comprehensive plan to upgrade the 

security capabilities of its HBRSEP site 

and provides a timeline for achieving 

full compliance with the new 

regulation. Attachment 1 contains 

proprietary information regarding the 

site security plan, details of the specific 

requirements of the regulation for which 

the site cannot be in compliance by the 

March 31, 2010, deadline and why the 

site cannot be in compliance, 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 

December 30, 2010. The timeline 

provides dates indicating when 

construction will begin on various 

phases of the project and when critical 

equipment will be ordered, installed, 

tested 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. 

Furthermore, the security measures for 

which HBRSEP needs additional time to 

implement are in addition to those 

required by the security orders issued in 

response to the events of September 11, 

2001. By December 30, 2010, HBRSEP 

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 

submittal and concludes that the 

licensee has provided adequate 

justification for its request for an 

extension of the compliance date to 

December 30, 2010, with regard to two 

specified requirements of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, 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 associated HBRSEP site 

modifications are complete justify 

exceeding the full compliance date with 

regard to the two specific requirements 

of 10 CFR 73.55 in the case of this 

particular licensee. Therefore, the NRC 

concludes 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, 

deadline for the two items specified in 

Attachment 1 of the licensee’s letter 

dated November 30, 2009, the licensee 

is required to be in full compliance by 

December 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 8410, 

February 24, 2010. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 3rd 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. 2010–5271 Filed 3–10–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–302, License No. DPR–72; 

Docket No. 50–302, NRC–2010–0096] 

Florida Power Corporation, City of 

Alachua, City of Bushnell, City of 

Gainesville, City of Kissimmee, City of 

Leesburg, City of New Smyrna Beach 

and Utilities Commission, City of New 

Smyrna Beach, City of Ocala, Orlando 

Utilities Commission and City of 

Orlando, Seminole Electric 

Cooperative, Inc., Crystal River Unit 3 

Nuclear Generating Plant; Receipt of 

Request for Action Under 10 CFR 2.206 

Notice is hereby given that by petition 

dated December 5, 2009, Mr. Thomas 

Saporito (petitioner) has requested that 

the U.S. Nuclear Regulatory 

Commission (NRC) take action with 

regard to the licensee for the Crystal 

River Unit 3 Nuclear Generating Plant 

(CR–3). The petitioner requests that 

NRC take enforcement action against the 

licensee and issue a Confirmatory Order 

requiring that the licensee take the 

following actions at CR–3: 

1. Physically remove the outer 10 

inches of concrete surrounding the CR– 

3 containment building from the top of 

the containment building to the bottom 

of the containment building and 

encompassing 360 degrees around the 

entire containment building; 

2. Test samples of the concrete 

removed from the CR–3 containment 

building for composition and compare 

the test results to a sample of concrete 


jlentini on DSKJ8SOYB1PROD with NOTICES