15778 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 

PPL Susquehanna, LLC, Docket Nos. 50– 

387 and 50–388, Susquehanna Steam 

Electric Station, Units 1 and 2, Luzerne 

County, Pennsylvania 

Date of application for amendments: 

July 31, 2008. 

Brief description of amendments: The 

amendments changed the PPL 

Susquehanna, LLC (PPL) Units 1 and 2 

Technical Specification 3.6.1.3 

‘‘Primary Containment Isolation Valves 

(PCIVs).’’ It revised the Secondary 

Containment Bypass Leakage limit in 

Surveillance Requirement 3.6.1.3.11 

from ‘‘less than or equal to 9 standard 

cubic foot/feet per hour (scfh)’’ to ‘‘less 

than or equal to 15 scfh when 

pressurized to greater than or equal to 

Pa.’’ 

Date of issuance: March 18, 2009. 

Effective date: As of the date of 

issuance and shall be implemented 

within 30 days from the date of 

issuance. 

Amendment Nos.: 251 for Unit 1 and 

231 for Unit 2. 

Facility Operating License Nos. NPF– 

14 and NPF–22: The amendments 

revised the License and Technical 

Specifications. 

Date of initial notice in Federal 

Register: November 18, 2008 (73 FR 

68455). The Commission’s related 

evaluation of the amendments is 

contained in a Safety Evaluation (SE) 

dated March 18, 2009. 

No significant hazards consideration 

comments received: No. However, 

comments have been received from the 

Commonwealth of Pennsylvania and 

have been addressed in the SE. 

Virginia Electric and Power Company, 

Docket Nos. 50–338 and 50–339, North 

Anna Power Station, Units 1 and 2, 

Louisa County, Virginia 

Date of application for amendment: 

March 19, 2008, as supplemented 

October 7, 2008, November 17, 2008, 

and December 10, 2008. 

Brief description of amendment: The 

amendments revise the technical 

specifications (TSs) to (1) delete TS 

3.7.13, ‘‘MCR/ESGR Bottled Air 

System,’’ (2) create TS 3.3.6, ‘‘Main 

Control Room/Emergency Switchgear 

Room (MCR/ESGR) Envelope Isolation 

Actuation Instrumentation,’’ to establish 

the operability requirements for the 

MCR/ESGR envelope isolation function, 

and (3) incorporate TS 3.7.14, ‘‘MCR/ 

ESGR Emergency Ventilation During 

Movement of Recently Irradiated Fuel 

Assemblies,’’ into TS 3.7.10, ‘‘MCR/ 

ESGR Emergency Ventilation System.’’ 

The changes revise the TSs to be 

consistent with the assumptions of the 

current dose analysis of record, 

performed in accordance with Title 10 

of the Code of Federal Regulations, 

Section 50.67, ‘‘Accident Source Term,’’ 

and the results of the nonpressurized 

MCR/ESGR envelope tracer gas testing. 

Date of issuance: March 25, 2009. 

Effective date: As of the date of 

issuance and shall be implemented 

within 90 days from the date of 

issuance. 

Amendment Nos.: 255/236. 

Renewed Facility Operating License 

Nos. NPF–4 and NPF–7: Amendments 

change the licenses and the technical 

specifications. 

Date of initial notice in Federal 

Register: April 22, 2008 (73 FR 21661). 

The supplements dated October 7, 2008, 

November 17, 2008, and December 10, 

2008, provided additional information 

that clarified the application, did not 

expand the scope of the application as 

originally noticed, and did not change 

the staff’s original proposed no 

significant hazards consideration 

determination. The Commission’s 

related evaluation of the amendments is 

contained in a Safety Evaluation dated 

March 25, 2009. 

No significant hazards consideration 

comments received: No. 

Dated at Rockville, Maryland, this 30th of 

March, 2009. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–7494 Filed 4–6–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–315 and 50–316; NRC– 

2009–0153] 

Indiana Michigan Power Company; 

Donald C. Cook Nuclear Plant, Units 1 

and 2; Exemption 

1.0 Background 

The Indiana Michigan Power 

Company (the licensee) is the holder of 

Facility Operating License Nos. DPR–58 

and DPR–74, which authorizes 

operation of the Donald C. Cook Nuclear 

Plant, Units 1 and 2. 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 

Berrien County in Michigan. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations, Part 50, Section 36a(a)(2) 

(10 CFR 50.36a(a)(2)) requires each 

licensee to submit a report to the 

Commission annually that specifies the 

quantity of each of the principal 

radionuclides released to unrestricted 

areas in liquid and in gaseous effluents 

during the previous 12 months, 

including any other information as may 

be required by the Commission to 

estimate maximum potential annual 

radiation doses to the public resulting 

from effluent releases. The report must 

be submitted as specified in Section 

50.4, and the time between report 

submittals must be no longer than 12 

months. 

The licensee has proposed an 

amendment to Technical Specification 

5.6.3 to change the submittal date for 

the report from ‘‘within 90 days of 

January 1 of each year’’ to ‘‘prior to May 

1 of each year.’’ Therefore, the licensee 

has requested a one-time exemption 

from the 12-month reporting criteria 

specified in 10 CFR 50.36a(a)(2) for its 

submittal of the 2008 Radioactive 

Effluent Release Report. 

In summary, the exemption does not 

affect the information required to be 

submitted or the time period the report 

covers, only the date the report is 

submitted. 

3.0 Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR Part 50, 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) when special 

circumstances are present. These 

circumstances include the special 

circumstances that would provide only 

temporary relief from the applicable 

regulation and the licensee or applicant 

has made good faith efforts to comply 

with the regulation. 

Authorized by Law 

This exemption would allow the 

licensee to submit the 2008 Radioactive 

Effluent Release Report prior to May 1, 

2009, which would exceed the report 

submittal requirement of no longer than 

12 months specified in 10 CFR 

50.36a(a)(2). As stated above, 10 CFR 

50.12 allows the NRC to grant 

exemptions from the requirements of 10 

CFR Part 50. The NRC staff has 

determined that granting of the 

licensee’s proposed exemption will not 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 15779 

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. 

No Undue Risk to Public Health and 

Safety 

The underlying purpose of the 

reporting requirements specified in 10 

CFR 50.36a(a)(2) is to report to the 

Commission annually the quantity of 

each of the principal radionuclides 

released to unrestricted areas in liquid 

and in gaseous effluents during the 

previous 12 months, including any 

other information as may be required by 

the Commission to estimate maximum 

potential annual radiation doses to the 

public resulting from effluent releases. 

This exemption does not affect the 

information required to be submitted or 

the time period the report covers, only 

the date the report is submitted. Based 

on the above, no new accident 

precursors are created by extending the 

submittal date for the 2008 Radioactive 

Effluent Release Report to prior to May 

1, 2009. Thus, the probability of 

postulated accidents is not increased. 

Also, based on the above, the 

consequences of postulated accidents 

are not increased. Therefore, there is no 

undue risk to public health and safety. 

Consistent With Common Defense and 

Security 

The proposed exemption would allow 

the licensee to submit the 2008 

Radioactive Effluent Release Report 

prior to May 1, 2009, which would 

exceed the report submittal requirement 

of no longer than 12 months specified 

in 10 CFR 50.36a(a)(2). This change has 

no relation to security issues. Therefore, 

the common defense and security is not 

impacted by this exemption. 

Special Circumstances 

Special circumstances, in accordance 

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

whenever application of the regulation 

would provide only temporary relief 

from the applicable regulation and the 

licensee or applicant has made good 

faith efforts to comply with the 

regulation. The underlying purpose of 

the reporting requirement specified in 

10 CFR 50.36a(a)(2) is to require each 

licensee to submit a report to the 

Commission annually that specifies the 

quantity of each of the principal 

radionuclides released to unrestricted 

areas in liquid and in gaseous effluents, 

including any other information as may 

be required by the Commission to 

estimate maximum potential annual 

radiation doses to the public resulting 

from effluent releases. The proposed 

amendment does not affect the 

information required to be submitted or 

the time period the report covers, only 

the date the report is to be submitted. 

The requested exemption provides 

temporary relief from the regulation in 

that it affords a one-time extension for 

submitting the annual report. The 

proposed amendment is an appropriate 

means to ensure that future reports are 

submitted on an annual basis as 

required by 10 CFR 50.36a(a)(2). 

Therefore, since the underlying purpose 

of 10 CFR 50.36a(a)(2) is achieved, the 

special circumstances of 10 CFR 

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

exemption from 10 CFR 50.36a(a)(2) 

exists. 

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 Indian 

Michigan Power Company a one-time 

exemption from the requirements of 10 

CFR 50.36a(a)(2), for Donald C. Cook 

Nuclear Plant, Units 1 and 2. 

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 (74 FR 9315) 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 30th day 

of March, 2009. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–7808 Filed 4–6–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–289; NRC–2009–0154] 

Exelon Generation Company, LLC, 

Three Mile Island Nuclear Station, Unit 

No. 1; Exemption 

1.0 Background 

The Exelon Generation Company 

(Exelon, the licensee, formerly AmerGen 

Energy Company, LLC) is the holder of 

Facility Operating License No. DPR–50 

which authorizes operation of the Three 

Mile Island Nuclear Station, Unit 1 

(TMI–1). 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 (PWR) located in Dauphin 

County, Pennsylvania. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), part 50, Section 

50.48, requires that nuclear power 

plants that were licensed before January 

1, 1979, must satisfy the requirements of 

10 CFR part 50, Appendix R, Section 

III.G, ‘‘Fire protection of safe shutdown 

capability.’’ TMI–1 was licensed to 

operate prior to January 1, 1979. As 

such, the licensee’s Fire Protection 

Program (FPP) must satisfy the 

established fire protection features of 10 

CFR Part 50, Appendix R, Section III.G. 

NRC Regulatory Information Summary 

(RIS) 2006–10, ‘‘Regulatory Expectations 

with Appendix R Paragraph III.G.2, 

Operator Manual Actions,’’ noted that 

NRC inspections identified that some 

licensees had relied upon operator 

manual actions, instead of the options 

specified in 10 CFR part 50, Appendix 

R, Section III.G.2 (III.G.2) as a 

permanent solution to resolve issues 

related to Thermo-Lag 330–1 fire 

barriers. 

In a letter dated February 4, 2008 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession Number ML080350369), 

supplemented by letter dated January 

28, 2009 (ADAMS Accession Number 

ML090280577), the licensee identified 

one operator manual action that was 

previously included in correspondence 

with the NRC and found acceptable in 

a fire protection-related Safety 

Evaluation (SE) dated September 7, 

1988 (ADAMS Accession Number 

ML082060262). However, RIS 2006–10 

identifies that an exemption under 10 

CFR 50.12 is necessary for the use of 

operator manual actions in lieu of the 

requirements of III.G.2 even if the NRC 

previously issued an SE that found the 

manual actions acceptable. 

The licensee also identified a second 

operator manual action that was 

previously permitted for use in a fire 

area covered by 10 CFR part 50, 

Appendix R, Section III.G.3 (III.G.3). As 

such, an exemption was not required 

because the action was found acceptable 

as part of a safety evaluation for 

alternate shutdown. However, since the 

fire area of origin requiring this manual 

action was reclassified as a III.G.2 area, 

the manual action requires approval for 

use in a III.G.2 area. Since III.G.2 is a 

separate part of the rule and this action 

is not considered previously approved 

for III.G.2, the NRC has preformed a new