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[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104240-104242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30365]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-020; NRC-2024-0199]

Framatome Inc.; Application for Standard Design Certification of 
the U.S. EPR; Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to an April 17, 2024, letter from Framatome Inc. 
(Framatome), which requested an extension to the exemption from 
regulatory requirements regarding the annual reports required by 
regulations (hereafter ``required report'') for the U.S. EPR standard 
design certification application for the years 2024-2028. The 
regulation for which exemption is sought covers emergency core cooling 
systems (ECCS) for light-water nuclear power reactors. Staff review of 
the U.S. EPR standard design certification application was suspended in 
April 2015 at the request of the applicant. Framatome committed to 
submit the required report before any request to reactivate the U.S. 
EPR review. Framatome further committed to providing an update to the 
required report, or taking other appropriate action, as necessary, no 
later than December 31, 2028. The NRC staff reviewed this request and 
determined that it is appropriate to grant the exemption in accordance 
with the regulations as the request does not present an undue risk to 
public health or safety and is consistent with the common defense and 
security; furthermore, special circumstances exist.

DATES: The exemption is effective on December 9, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0199 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0199. Address 
questions about Docket IDs to Stacy Schumann; telephone: 301-415-0624; 
email: [email protected]. For 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 publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected].
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ricky Vivanco, Project Manager, Office 
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0021; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: December 16, 2024.

[[Page 104241]]

    For the Nuclear Regulatory Commission.
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

Attachment--Exemption.

NUCLEAR REGULATORY COMMISSION

Docket No. 52-020

Framatome Inc.

Application for Standard Design Certification of the U.S. EPR

I. Background

    By letter dated December 11, 2007, Areva NP Inc. (Areva) (now 
Framatome Inc. (Framatome)) submitted to the NRC an application for 
standard design certification of the U.S. EPR (ADAMS Accession No. 
ML073520305). Following an acceptance review, the NRC docketed the 
application (Docket No. 52-020) in a letter dated February 25, 2008 
(ADAMS Accession No. ML080380357). By letter dated July 17, 2014 (ADAMS 
Accession No. ML14209A053), Areva submitted Revision 7 to the standard 
design certification application. By letter dated February 25, 2015 
(ADAMS Accession No. ML15061A130), Areva requested that the NRC suspend 
review of the U.S. EPR standard design certification application. By 
letter dated June 30, 2020 (ADAMS Accession No. ML20188A219), Framatome 
requested an exemption from the annual reporting requirements of 10 CFR 
50.46(a)(3)(iii) stating in part that ``. . . given that the NRC's 
review of the U.S. EPR DCA [design certification application] has been 
suspended and remains suspended, Framatome requests an exemption from 
the requirement to submit annual reports required by 10 CFR 
50.46(a)(3)(iii) for the next five years (2020-2024).'' Federal 
Register Notice (FRN) 2020-21811 granted this exemption requested by 
Framatome on September 29, 2020. By letter dated April 17, 2024 (ADAMS 
Accession No. ML24114A037), Framatome requested an extension to the 
exemption from the annual reporting requirements of 10 CFR 
50.46(a)(3)(iii) stating in part that ``. . . given that the NRC's 
review of the DCA [design certification application] remains suspended. 
Specifically, Framatome requests an exemption from the requirement to 
submit annual reports to the DCA during the years 2024 through 2028.''

II. Request/Action

    Section 50.46(a)(1)(i) of 10 CFR, in part, provides requirements 
for models used in calculations regarding ECCS performance following 
postulated loss of coolant accidents. Section 50.46(a)(3)(iii) requires 
that an applicant for a standard design certification report any change 
or error found in such ECCS performance models, including the nature of 
the change or error and its estimated effect on the limiting ECCS 
analysis, at least annually.
    In a letter dated April 17, 2024 (ADAMS Accession No. ML24114A037), 
Framatome requested an extension of the exemption from the reporting 
requirements of 10 CFR 50.46(a)(3)(iii) for the years 2024 through 
2028. Framatome has committed to submit the required report before 
requesting to reactivate the U.S. EPR review. They have committed to 
updating the required report, or taking other appropriate action, no 
later than December 31, 2028.

III. 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, including 10 CFR 50.46(a)(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) compliance would result in undue hardship or other costs that are 
significantly in excess of those contemplated when the regulation was 
adopted, or that are significantly in excess of those incurred by 
others similarly situated (10 CFR 50.12(a)(2)(iii)).
    Framatome is seeking the exemption for the years 2024 through 2028. 
Framatome has committed to updating the 10 CFR 50.46 report or taking 
other appropriate action, as necessary, no later than December 31, 
2028.

No Undue Risk to Public Health and Safety

    The purpose of 10 CFR 50.46(a)(3)(iii) is to provide for timely 
notification of the nature and estimated effect of any errors or 
changes in the limiting ECCS analysis. Because the review of the U.S. 
EPR standard design certification application has been suspended at the 
applicant's request, any report submitted under 10 CFR 50.46 would not 
be reviewed by the staff until such time as the review of the design 
certification is reactivated. The requested exemption is administrative 
and deals only with the schedule for reports which would not be 
reviewed. Because the exemption applies only to an application, not to 
a licensed entity, this exemption has no safety implications and 
introduces nothing that could adversely impact public health. Under the 
proposed exemption, any further review of the U.S. EPR standard design 
certification application will not resume until Framatome submits the 
required report. Design certification cannot occur until the NRC's 
review of the application is completed and a final safety evaluation 
report is issued. Based on the nature of the requested exemption as 
described above, no new accident precursors or accident scenarios are 
introduced or created by the exemption; therefore, neither the 
probability nor the consequences of postulated accidents are increased 
and there is no undue risk to public health and safety. The request for 
an exemption has no bearing on public health and safety and, therefore, 
poses no undue risk to public health and safety.

Consistent With Common Defense and Security

    The requested exemption would relieve Framatome of the requirement 
to submit annual reports required by 10 CFR 50.46(a)(3)(iii) for the 
years 2024 through 2028. The applicant has committed to submit a 10 CFR 
50.46 report before submitting any request for the NRC to resume 
reviewing the U.S. EPR design certification application and to update 
the required report, or take other appropriate action, no later than 
December 31, 2028. This schedule change has no relation to security 
issues; therefore, the common defense and security is not impacted.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2), are 
present under the circumstances relevant to the requested exemption. 
Generally, special circumstances are present 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) if 
compliance would result in undue hardship or other costs that are 
significantly in excess of those contemplated when the regulation was 
adopted, or that are significantly in excess of those incurred by 
others

[[Page 104242]]

similarly situated (10 CFR 50.12(a)(2(iii)).
    The underlying purpose of 10 CFR 50.46(a)(3)(iii) is to ensure that 
the NRC receives timely notification of the nature and estimated effect 
of errors or changes in the limiting ECCS analysis. A thorough 
understanding of ECCS performance is critical to the staff's review; 
however, since review of the U.S. EPR standard design certification 
application has been suspended at the applicant's request, any report 
filed under 10 CFR 50.46 would not be reviewed until such time as the 
design certification review is reactivated. Framatome has committed to 
submit the required report before requesting that the NRC reactivate 
its review of the design certification. Submitting a report under 
50.46(a)(3)(iii) before the resumption of any review of the design 
certification is sufficient to meet the underlying purpose of the 
regulation. Submitting annual reports for the years 2024 through 2028 
while the review is suspended is not necessary to meet the underlying 
purpose of the regulation.
    The preparation of reports required by 10 CFR 50.46(a)(3)(iii) is 
time consuming and requires resources to review and document the 
condition reports for any change to or error in an acceptable 
evaluation model or in the application of such a model. As such, 
requiring Framatome to submit annual 10 CFR 50.46 reports that would 
not be reviewed would be to subject them to an undue hardship that is 
significantly in excess of those contemplated when the regulation was 
adopted.
    For the above stated reasons, special circumstances are present 
under 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(2)(iii).

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) provided that:
    (i) There is no significant hazards consideration;
    The criteria for determining whether there is no significant 
hazards consideration are found in 10 CFR 50.92(c). The proposed action 
involves only a schedule change regarding the submission of a report on 
errors or changes in the ECCS analysis for a standard design 
certification application review which is currently suspended. 
Therefore, there is no significant hazards consideration 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) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    The proposed action involves only a schedule change, which is 
administrative in nature and does not involve any changes to be made in 
the types or significant increase in the amounts of effluents that may 
be released offsite.
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    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) There is no significant construction impact;
    The proposed action involves only a schedule change which is 
administrative in nature; the application is for a standard design 
certification the review of which is suspended until further notice. No 
application for construction or operation has been filed. Accordingly, 
the proposed action does not involve any construction impact.
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents;
    The proposed action involves only a schedule change which is 
administrative in nature and does not impact the probability or 
consequences of accidents.
    (vi) The requirements from which an exemption is sought involve:
    (1) Reporting requirements;
    The exemption request involves submitting a report required by 10 
CFR 50.46(a)(3)(iii);
    and
    (2) Scheduling requirements;
    The proposed exemption relieves the applicant from submitting the 
required reports for the years 2024 through 2028.

IV. 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, as defined by 10 CFR 
50.12(a)(2), are present. Therefore, the Commission hereby grants 
Framatome an extension to the exemption from the reporting requirements 
of 10 CFR 50.46(a)(3)(iii) until December 31, 2028. This exemption 
provides that Framatome shall submit a report under 10 CFR 
50.46(a)(3)(iii) before making any request that the NRC resume its 
review of the U.S. EPR standard design certification application and 
that Framatome shall update that report or take other appropriate 
actions no later than December 31, 2028.
    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 December 2024.

    For the Nuclear Regulatory Commission.
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2024-30365 Filed 12-19-24; 8:45 am]
BILLING CODE 7590-01-P
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