Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21269 

Gallium-68 subcommittee report. 

Meeting information, including a copy 

of the agenda and handouts, will be 

available at http://www.nrc.gov/readingrm/doc-collections/acmui/meetings/

2015.html. The agenda and handouts 

may also be obtained by contacting Ms. 

Sophie Holiday using the information 

below. 

DATES: The teleconference meeting will 

be held on Wednesday, August 12, 

2015, 2:00 p.m. to 4:00 p.m. Eastern 

Standard Time. 

Public Participation: Any member of 

the public who wishes to participate in 

the teleconference should contact Ms. 

Holiday using the contact information 

below. 

Contact Information: Ms. Sophie 

Holiday, U.S. Nuclear Regulatory 

Commission, Office of Nuclear Material 

Safety and Safeguards; by telephone: 

(404) 997–4691; or by email: 

sophie.holiday@nrc.gov. 

Conduct of the Meeting 

Dr. Bruce Thomadsen, ACMUI 

Chairman, will preside over the 

meeting. Dr. Thomadsen will conduct 

the meeting in a manner that will 

facilitate the orderly conduct of 

business. The following procedures 

apply to public participation in the 

meeting: 

1. Persons who wish to provide a 

written statement should submit an 

electronic copy to Ms. Holiday at the 

contact information listed above. All 

submittals must be received by August 

07, 2015, three business days prior to 

the meeting, and must pertain to the 

topic on the agenda for the meeting. 

2. Questions and comments from 

members of the public will be permitted 

during the meetings, at the discretion of 

the Chairman. 

3. The draft transcript and meeting 

summary will be available on ACMUI’s 

Web site http://www.nrc.gov/readingrm/doc-collections/acmui/meetings/

2015.html on or about September 24, 

2015. 

This meeting will be held in 

accordance with the Atomic Energy Act 

of 1954, as amended (primarily section 

161a); the Federal Advisory Committee 

Act (5 U.S.C. App); and the 

Commission’s regulations in title 10 of 

the Code of Federal Regulations part 7. 

Dated at Rockville, Maryland, this 13th day 

of April 2015. 

For the Nuclear Regulatory Commission. 

Andrew L. Bates, 

Advisory Committee Management Officer. 

[FR Doc. 2015–08935 Filed 4–16–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–016; NRC–2008–0250] 

UniStar Nuclear Energy; Combined 

License Application for Calvert Cliffs 

Nuclear Power Plant, Unit 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a December 

31, 2014, letter from UniStar Nuclear 

Energy (UNE), on behalf of Calvert Cliffs 

Nuclear Project, LLC, and UniStar 

Operating Services, LLC, co-applicants 

for the combined license (COL) 

application for the Calvert Cliffs Nuclear 

Power Plant Unit 3 (CCNPP3), which 

requested an exemption to delay the 

submission of the annual update of the 

Final Safety Analysis Report (FSAR) to 

be included in their COL application. 

The NRC staff reviewed this request and 

determined that it is appropriate to 

grant the exemption to delay the FSAR 

update submittal up to December 31, 

2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0250 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access the publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2008–0250. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For the 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Surinder Arora, Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–1421, or email: 

Surinder.Arora@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 14, 2008, UNE, on behalf of 

Calvert Cliffs Nuclear Project, LLC and 

UniStar Operating services, LLC, 

submitted to the NRC a COL 

application, under subpart C of part 52 

of Title 10 of the Code of Federal 

Regulations (10 CFR) to construct and 

operate a single unit of AREVA NP’s 

U.S. Evolutionary Power Reactor (EPR), 

designated as Calvert Cliffs Nuclear 

Power Plant Unit 3, at a site in Calvert 

County, Maryland. The UNE application 

was docketed on June 3, 2008 (Docket 

Number 52–016). UNE’s COL 

application for CCNPP3 incorporates by 

reference AREVA NP’s application for a 

standard design certification for the U.S. 

EPR. The NRC is currently performing 

concurrent reviews of the CCNPP3 COL 

application as well as AREVA NP’s 

application for design certification of 

the U.S. EPR. UNE also had previously 

requested an exemption on November 

19, 2013 (this request was later 

supplemented by UNE’s follow up 

updated request on March 21, 2014), 

under 10 CFR 50.71(e)(3)(iii) to submit 

the scheduled 2013 FSAR update, and 

proposed, for approval, a new submittal 

deadline of December 31, 2014. The 

NRC reviewed the bases for the 

exemption request and granted the 

exemption as described in Federal 

Register notice published on September 

11, 2014 (79 FR 54303). 

By a letter dated December 16, 2014 

(ADAMS Accession No. ML14351A301), 

UNE requested that after January 2015, 

the NRC defer its safety review portion 

of the Calvert Cliffs Unit 3 COL 

application until such time that UNE 

formally requests that the NRC resume 

its review. The letter also stated that 

UNE will monitor and evaluate progress 

of the technical issue resolution for the 

U.S. EPR FSAR and the development of 

guidance necessary to address Foreign 

Ownership Control and Domination 

(FOCD) prior to requesting the NRC to 

resume review. By letter dated February 

27, 2015 (ADAMS Accession No. 

ML15062A050), UNE requested that 

after March 6, 2015, the NRC suspend 

the Calvert Cliffs Unit 3 COL 

application review until such time the 

UNE formally requests that the NRC 


tkelley on DSK3SPTVN1PROD with NOTICES
21270 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

resume its review. The letter also stated 

that UNE will continue to monitor the 

U.S. EPR Design Certification efforts, as 

well as other project conditions such as 

foreign ownership guidance, loan 

guarantee availability and the electricity 

market, among others. 

II. Request/Action 

The regulations at 10 CFR 

50.71(e)(3)(iii) require that an applicant 

for a COL under 10 CFR part 52 shall, 

during the period from docketing of a 

COL application and until the 

Commission makes a finding under 10 

CFR 52.103(g) pertaining to facility 

operation, submit an annual update to 

the application’s FSAR, which is Part 2 

of the COL application. Pursuant to 10 

CFR 50.71(e)(3)(iii), the next annual 

update of the FSAR for the CCNPP3 

COL application would have been due 

by December 31, 2014. 

On September 30, 2014, UNE 

submitted Revision 10 of the COL 

application, including updates to the 

FSAR. The FSAR updates in Revision 

10 of the CCNPP3 COL application 

satisfied the applicant’s requested 

exemption of November 19, 2013, and 

the supplement follow up request of 

March 21, 2014. 

By a letter dated December 31, 2014 

(ADAMS Accession No. ML15002A245), 

UNE submitted a request to the NRC, for 

exemption from the requirements of 10 

CFR 50.71(e)(3)(iii) for delaying the 

scheduled 2014 FSAR updates and 

proposed for approval a new submittal 

date of December 31, 2015. UNE’s letter 

states that the requested exemption is a 

schedule change from the requirements 

of 10 CFR 50.71(e)(3)(iii) to 

accommodate the incorporation of the 

U.S. EPR Design Certification 

application revisions in an orderly and 

efficient manner. The current 

requirements to submit an FSAR update 

could not be changed, absent the 

exemption request. 

III. Discussion 

Pursuant to 10 CFR 50.12, the NRC 

may, upon application by any interested 

person or upon its own initiative, grant 

exemptions from the requirements of 10 

CFR part 50, including 10 CFR 

50.71(e)(3)(iii), when: (1) The 

exemptions are authorized by law, will 

not present an undue risk to public 

health or safety, and are consistent with 

the common defense and security; and 

(2) special circumstances are present. As 

relevant to the requested exemption, 

special circumstances exist if: (1) 

Application 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 (10 CFR 

50.12(a)(2)(ii)); or (2) the exemption 

would provide only temporary relief 

from the applicable regulation and the 

licensee or applicant has made good 

faith efforts to comply with the 

regulation (10 CFR 50.12(a)(2)(v)). 

The purpose of 10 CFR 50.71(e)(3)(iii) 

is to ensure that the NRC has the most 

up-to-date information regarding the 

COL application, in order to perform an 

efficient and effective review. The rule 

targeted those applications that are 

being actively reviewed by the NRC. As 

requested by UNE in the above 

referenced letter dated February 27, 

2015, the NRC suspended the CCNPP3 

COL application review until further 

notification by UNE. Therefore, 

updating the CCNPP3 FSAR would only 

cause undue hardship on UNE, and the 

purpose of 10 CFR 50.71(e)(3)(iii) would 

still be achieved so long as the next 

update is submitted by December 31, 

2015, as committed to in UNE’s 

exemption request letter. 

The requested exemption to defer 

submittal of the next update to the 

FSAR included in the CCNPP3 COL 

application would provide only 

temporary relief from the regulations of 

10 CFR 50.71(e)(3)(iii). 

Authorized by Law 

The exemption is a one-time schedule 

exemption from the requirements of 10 

CFR 50.71(e)(3)(iii). The exemption 

would allow UNE to submit the next 

CCNPP3 COL application FSAR update 

on or before December 31, 2015. Per 10 

CFR 50.12, the NRC staff has 

determined that granting UNE the 

requested one-time exemption from the 

requirements of 10 CFR 50.71(e)(3)(iii) 

will provide only temporary relief from 

this regulation and will not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or the NRC’s 

regulations. Therefore, the exemption is 

authorized by law. 

No Undue Risk to Public Health and 

Safety 

The underlying purpose of 10 CFR 

50.71(e)(3)(iii) is to provide for a timely 

and comprehensive update of the FSAR 

associated with a COL application in 

order to support an effective and 

efficient review by the NRC staff and 

issuance of the NRC staff’s safety 

evaluation report. The requested 

exemption is solely administrative in 

nature, in that it pertains to the 

schedule for submittal to the NRC of 

revisions to an application under 10 

CFR part 52, for which a license has not 

been granted. Based on the nature of the 

requested exemption as described 

above, no new accident precursors are 

created by the exemption; therefore, 

neither the probability, nor the 

consequences, of postulated accidents 

are increased. Therefore, the requested 

exemption does not result in any undue 

risk to public health and safety. 

Consistent With Common Defense and 

Security 

The requested exemption would 

allow UNE to submit the next FSAR 

update on or before December 31, 2015. 

This schedule change has no relation to 

security issues. Therefore, the common 

defense and security is not impacted by 

the exemption. 

Special Circumstances 

Special circumstances, in accordance 

with 10 CFR 50.12(a)(2), are present 

whenever: (1) Application 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 (10 CFR 

50.12(a)(2)(ii)); or (2) The exemption 

would provide only temporary relief 

from the applicable regulation and the 

licensee or applicant has made good 

faith efforts to comply with the 

regulation (10 CFR 50.12(a)(2)(v)). 

As discussed above, the requested 

one-time exemption is solely 

administrative in nature, in that it 

pertains to a one-time schedule change 

for submittal of revisions to an 

application under 10 CFR part 52, for 

which a license has not been granted. 

This one-time exemption will support 

the NRC staff’s effective and efficient 

review of the CCNPP3 COL application, 

when resumed, as well as issuance of 

the NRC staff’s safety evaluation report. 

For this reason, application of 10 CFR 

50.71(e)(3)(iii) in the particular 

circumstances is not necessary to 

achieve the underlying purpose of that 

rule. Therefore, special circumstances 

exist under 10 CFR 50.12(a)(2)(ii). In 

addition, special circumstances are also 

present under 10 CFR 50.12(a)(2)(v) 

because granting a one-time exemption 

from 10 CFR 50.71(e)(3)(iii), would 

provide only temporary relief. For the 

above reasons, the special 

circumstances required by 10 CFR 

50.12(a)(2) for the granting of an 

exemption from 10 CFR 50.71(e)(3)(iii) 

exist. 

Eligibility for Categorical Exclusion 

From Environmental Review 

With respect to the exemption’s 

impact on the quality of the human 

environment, the NRC has determined 

that this specific exemption request is 

eligible for categorical exclusion as 

identified in 10 CFR 51.22(c)(25). Under 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21271 

10 CFR 51.22(c)(25), granting of an 

exemption from the requirements of any 

regulation of 10 CFR Chapter 1 (which 

includes 10 CFR 50.71(e)(3)(iii)) is an 

action that is a categorical exclusion, 

provided that: 

(i) There is no significant hazards 

consideration; 

(ii) There is no significant change in 

the types or significant increase in the 

amounts of any effluents that may be 

released offsite; 

(iii) There is no significant increase in 

individual or cumulative public or 

occupational radiation exposure; 

(iv) There is no significant 

construction impact; 

(v) There is no significant increase in 

the potential for or consequences from 

radiological accidents; and 

(vi) The requirements from which an 

exemption is sought involve: 

(A) Recordkeeping requirements; 

(B) Reporting requirements; 

(C) Inspection or surveillance 

requirements; 

(D) Equipment servicing or 

maintenance scheduling requirements; 

(E) Education, training, experience, 

qualification, requalification or other 

employment suitability requirements; 

(F) Safeguard plans, and materials 

control and accounting inventory 

scheduling requirements; 

(G) Scheduling requirements; 

(H) Surety, insurance or indemnity 

requirements; or 

(I) Other requirements of an 

administrative, managerial, or 

organizational nature. 

The requirements from which this 

exemption is sought involve only ‘‘(B) 

Reporting requirements’’ or ‘‘(G) 

Scheduling requirements’’ of those 

required by 10 CFR 51.22(c)(25)(vi). 

The NRC staff’s determination that 

each of the applicable criteria for this 

categorical exclusion is met as follows: 

I. 10 CFR 51.22(c)(25)(i): There is no 

significant hazards consideration. 

Staff Analysis: The criteria for 

determining if an exemption involves a 

significant hazards consideration are 

found in 10 CFR 50.92. The proposed 

action involves only a schedule change 

regarding the submission of an update 

to the application for which the 

licensing review is currently suspended. 

Therefore, there are no significant 

hazard considerations because granting 

the proposed exemption would not: 

(1) Involve a significant increase in 

the probability or consequences of an 

accident previously evaluated; or 

(2) Create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or 

(3) Involve a significant reduction in 

a margin of safety. 

II. 10 CFR 51.22(c)(25)(ii): There is no 

significant change in the types or 

significant increase in the amounts of 

any effluents that may be released 

offsite. 

Staff Analysis: The proposed action 

involves only a schedule change, which 

is administrative in nature, and does not 

involve any changes in the types or 

significant increase in the amounts of 

effluents that may be released offsite. 

III. 10 CFR 51.22(c)(25)(iii): There is 

no significant increase in individual or 

cumulative public or occupational 

radiation exposure. 

Staff Analysis: Since the proposed 

action involves only a schedule change, 

which is administrative in nature, it 

does not contribute to any significant 

increase in occupational or public 

radiation exposure. 

IV. 10 CFR 51.22(c)(25)(iv): There is 

no significant construction impact. 

Staff Analysis: The proposed action 

involves only a schedule change which 

is administrative in nature. While the 

environmental portion of the 

application review is complete in that 

the final environmental impact 

statement is already issued, the safety 

portion of the COL application review 

has been suspended and no license will 

be issued prior to the NRC resuming the 

review and receipt of the 

aforementioned application’s December 

31, 2015, submittal of the revised FSAR; 

therefore, the proposed action does not 

involve any construction impact. 

V. 10 CFR 51.22(c)(25)(v): There is no 

significant increase in the potential for 

or consequences from radiological 

accidents. 

Staff Analysis: The proposed action 

involves only a schedule change which 

is administrative in nature and does not 

impact the probability or consequences 

of accidents. 

VI. 10 CFR 51.22(c)(25)(vi): The 

requirements from which this 

exemption is sought involve only ‘‘(B) 

Reporting requirements’’ or ‘‘(G) 

Scheduling requirements.’’ 

Staff Analysis: The exemption request 

involves requirements in both of these 

categories because it involves 

submitting an updated COL FSAR by 

December 31, 2015, and also relates to 

the schedule for submitting COL FSAR 

updates to the NRC. 

IV. Conclusion 

The NRC has determined that, 

pursuant to 10 CFR 50.12, 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 exist under 10 

CFR 50.12(a)(2)(ii). This one-time 

exemption will support the NRC staff’s 

effective and efficient review of the COL 

application, when resumed, as well as 

issuance of the NRC staff’s safety 

evaluation report. Therefore, the NRC 

hereby grants UNE a one-time 

exemption from the requirements of 10 

CFR 50.71(e)(3)(iii) pertaining to the 

BBNPP COL application to allow 

submittal of the next FSAR update on or 

before December 31, 2015. 

Pursuant to 10 CFR 51.22, the 

Commission has determined that the 

exemption request meets the applicable 

categorical exclusion criteria set forth in 

10 CFR 51.22(c)(25), and the granting of 

this exemption will not have a 

significant effect on the quality of the 

human environment. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 9th day 

of April 2015. 

For the Nuclear Regulatory Commission. 

Frank Akstulewicz, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2015–08934 Filed 4–16–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–206, 50–361, 50–362, and 

72–41; NRC–2015–0093] 

Southern California Edison Company 

San Onofre Nuclear Generating 

Station, Units 1, 2, and 3, and 

Independent Spent Fuel Storage 

Installation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental assessment and 

finding of no significant impact; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of exemptions in response to a 

request from Southern California Edison 

Company (SCE or the licensee) that 

would permit the licensee to reduce its 

emergency planning (EP) activities at 

the San Onofre Nuclear Generating 

Station (SONGS), Units 1, 2, and 3, and 

the Independent Spent Fuel Storage 

Installation (ISFSI). The licensee is 

seeking exemptions that would 

eliminate the requirements to maintain 

offsite radiological emergency plans and 

reduce some of the onsite EP activities 

based on the reduced risks at the 

permanently shutdown and defueled 

reactors. Offsite emergency planning 

provisions would still exist using a 

comprehensive emergency management 


tkelley on DSK3SPTVN1PROD with NOTICES