Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44057 

To submit 

comments: Send them to: 

By mail ......... Jessica Johnson 

U.S. Fish and Wildlife Service 

3425 Miriam Ave., 

Bismarck, ND 58501. 

During the public comment period, a 

copy of the Draft Restoration Plan will 

be available electronically at https://

www.fws.gov/mountain-prairie/pressrel/ 

archives/index.php and at https://

deq.nd.gov/EHSRulesRegs.aspx. A link 

to the Draft Restoration Plan and 

updates about it will also be made 

available on the Listserv of the North 

Dakota Department of Environmental 

Quality (‘‘NDDEQ’’). To be placed on 

the Listserv, please visit https://

deq.nd.gov/subscriptions/ and selfregister, or contact the NDDEQ by phone 

at (701) 328–5150, or by email at deq@

nd.gov. A copy of the Draft Restoration 

Plan may also be examined at 3425 

Miriam Avenue, Bismarck ND 58501. 

Arrangements to view the Draft 

Restoration Plan must be made in 

advance by contacting (701) 250–4402. 

Susan Akers, 

Assistant Section Chief,Environmental 

Enforcement Section,Environment and 

Natural Resources Division. 

[FR Doc. 2021–17093 Filed 8–10–21; 8:45 am] 

BILLING CODE 4410–15–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–348, 50–364; and 50–424, 

50–425; NRC–2021–0139] 

Southern Nuclear Operating Company; 

Joseph M. Farley Nuclear Plant, Units 

1 and 2; Vogtle Electric Generating 

Plant, Units 1 and 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U. S. Nuclear Regulatory 

Commission (NRC) is granting 

exemptions in response to a request 

dated June 9, 2021, from Southern 

Nuclear Operating Company, Inc., 

seeking exemptions from specific 

regulations that require periodic 

updates of the Farley Nuclear Plant, 

Units 1 and 2, and Vogtle Electric 

Generating Plant, Units 1 and 2, 

Updated Final Safety Reports (UFSARs). 

DATES: The exemption was issued on 

August 4, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0139 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–2021–0139. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. 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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 

1–800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (ET), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: John 

G. Lamb, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–3100, email: 

John.Lamb@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemptions is attached. 

Dated: August 6, 2021. 

For the Nuclear Regulatory Commission. 

John G. Lamb, 

Senior Project Manager, Plant Licensing 

Branch 2–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Attachment—Exemption 

NUCLEAR REGULATORY 

COMMISSION 

Docket Nos. 50–348, 50–364; and 50– 

424, 50–425 

Southern Nuclear Operating Company 

Joseph M. Farley Nuclear Plant, Units 

1 and 2 

Vogtle Electric Generating Plant, Units 

1 and 2 

I. Background 

Southern Nuclear Operating Company 

(SNC, the licensee) is the holder of 

Facility Operating License Nos. NPF–2, 

NPF–8, NPF–68, and NPF–81, for the 

Joseph M. Farley Nuclear Plant (Farley), 

Units 1 and 2; and the Vogtle Electric 

Generating Plant (Vogtle), Units 1 and 2, 

respectively. The licenses provide, 

among other things, that the licensee is 

subject to all rules, regulations, and 

orders of the Commission now or 

hereafter in effect. The Farley, Units 1 

and 2; and Vogtle, Units 1 and 2, 

facilities consist of two pressurizedwater reactors located at each of the 

licensee’s sites in Houston County, 

Alabama, and Burke County, Georgia, 

respectively. 

II. Request/Action 

In accordance with Section 50.71 of 

title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Maintenance of 

records, making of reports,’’ paragraph 

(e)(4) states, in part, that ‘‘Subsequent 

revisions [to the Updated Final Safety 

Analysis Report (UFSAR) submitted as 

part of the original license application] 

must be filed annually or 6 months after 

each refueling outage provided the 

interval between successive updates [to 

the UFSAR] does not exceed 24 

months.’’ By letter dated June 9, 2021 

(ADAMS Accession No. ML21160A156), 

SNC requested that the due date for 

submittal of the Farley, Units 1 and 2, 

UFSAR be by October 31 of every oddnumbered year, provided the interval 

between successive updates does not 

exceed 24 months, and that the due date 

for submittal of the Vogtle, Units 1 and 

2, UFSAR be by October 31 of every 

even-numbered year, provided the 

interval between successive updates 

does not exceed 24 months. 

Pursuant to 10 CFR 50.12, 

‘‘Implementation of the Equal Access to 

Justice Act in Agency Proceeding,’’ the 

NRC may, upon application by any 


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44058 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ including 10 CFR 

50.71(e)(4) when: (1) The exemptions 

are authorized by law, will not present 

an undue risk to the public health and 

safety, and are consistent with the 

common defense and security; and (2) 

special circumstances are present. 

Under 10 CFR 50.12(a)(2), special 

circumstances include, among other 

things, whenever application of the 

regulation in the particular 

circumstances would not serve, or is not 

necessary to achieve, the underlying 

purpose of the rule. 

III. Discussion 

The Exemption Is Authorized by Law 

The regulation at 10 CFR 50.71(e)(4) 

requires revisions to UFSARs to be filed 

annually or six months after each 

refueling outage, provided the interval 

between successive updates does not 

exceed 24 months. The underlying 

purpose of the regulation is to ensure 

that the licensee periodically updates its 

UFSAR so that the UFSAR remains upto-date and accurately reflects the plant 

design and operation. The proposed 

exemptions would change the current 

UFSAR submittal schedule for Farley, 

Units 1 and 2, and Vogtle, Units 1 and 

2, to a calendar-based schedule that 

would not exceed the maximum 24 

months between successive updates as 

required by 10 CFR 50.71(e)(4). 

Submitting the UFSAR updates for 

Farley, Units 1 and 2; and Vogtle, Units 

1 and 2, as proposed by October 31 of 

the odd year and by October 31 of the 

even year, respectively, continues to 

meet the intent of the regulation and 

maintaining UFSAR information up-todate. The NRC staff has determined that 

granting the licensee’s proposed 

exemptions will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, or the Commission’s 

regulations. Therefore, the exemptions 

are authorized by law. 

The Exemption Presents No Undue Risk 

to Public Health and Safety 

The underlying purpose of 10 CFR 

50.71(e)(4) is to ensure that licensees 

periodically update their UFSARs so 

that the UFSARs remain up-to-date and 

accurately reflect the plant design and 

operation. The NRC has determined by 

rule that an update frequency not 

exceeding 24 months between 

successive updates is acceptable for 

maintaining up to date UFSAR content. 

Farley, Units 1 and 2, were granted an 

exemption dated July 7, 1998 (ADAMS 

Accession No. ML013130216), that 

allowed the licensee to submit a unified 

UFSAR update for both units every 18 

months, not to exceed 24 months from 

the last submittal. Vogtle, Units 1 and 2, 

were granted an exemption dated March 

5, 1998 (ADAMS Accession No. 

ML012410088), that allowed the 

licensee to submit a unified UFSAR 

update for both units every 18 months, 

not to exceed 24 months from the last 

submittal. While the regulation requires, 

in part, that UFSAR updates be 

submitted ‘‘annually or 6 months after 

each refueling outage,’’ it allows the 

submission of such updates on a 

different schedule, ‘‘provided the 

interval between successive updates 

does not exceed 24 months.’’ The 

requested exemptions also meet the 

intent of the rule for regulatory burden 

reduction. Additionally, based on the 

nature of the requested exemptions and 

the requirement that updates will not 

exceed 24 months from the last 

submittal as described in this notice, no 

new accident precursors are created by 

the exemptions; therefore, neither the 

probability nor the consequences of 

postulated accidents are increased. In 

conclusion, the requested exemptions 

do not result in any undue risk to the 

public health and safety. 

The Exemption Is Consistent With the 

Common Defense and Security 

The requested exemptions from 10 

CFR 50.71(e)(4) would allow SNC to 

submit its periodic updates to the 

Farley, Units 1 and 2, UFSAR by 

October 31 of odd-numbered years, not 

to exceed 24 months from the last 

submittal, and periodic updates to the 

Vogtle, Units 1 and 2, UFSAR by 

October 31 of even-numbered years, not 

to exceed 24 months from the last 

submittal. Neither the regulation nor the 

proposed exemptions have any relation 

to security issues. Therefore, the 

common defense and security is not 

impacted by the exemptions. 

Special Circumstances 

Special circumstances, in accordance 

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

whenever 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. The rule 

change promulgated in August 1992 (57 

FR 39358; August 31, 1992) was 

intended to provide a reduction in 

regulatory burden by providing 

licensees with the option to submit 

UFSAR updates once per refueling 

outage, not to exceed 24 months 

between successive updates, instead of 

annually. Currently, Farley, Units 1 and 

2, and Vogtle, Units 1 and 2, submit a 

combined UFSAR for each site every 18 

months, not to exceed 24 months from 

the last submittal. The processing and 

submittal of the UFSAR every 18 

months is not necessary to achieve the 

underlying purpose of the rule in that 

the licensee continues to meet the 

maximum 24-month interval between 

submittals as required by the regulation. 

Therefore, special circumstances exist 

under 10 CFR 50.12(a)(2)(ii) in that 

application of the requirements in these 

particular circumstances, would not 

serve the underlying purpose of the rule 

and are not necessary to achieve the 

underlying purpose of the rule. 

Environmental Considerations 

With respect to the impact of the 

exemptions on the quality of the human 

environment, the NRC has determined 

that the issuance of the exemptions 

discussed herein meets the eligibility 

criteria for categorical exclusion from 

the requirement to prepare an 

environmental assessment or 

environmental impact statement, set 

forth in 10 CFR 51.22(c)(25). 

Under 10 CFR 51.22(c)(25), the 

granting of an exemption from the 

requirements of any regulation of 10 

CFR chapter I (which includes 10 CFR 

50.71(e)(4)) is an action that is a 

categorical exclusion, provided that 

certain specified criteria are met. The 

basis for NRC’s determination is 

provided in the following evaluation of 

the requirements in 10 CFR 

51.22(c)(25)(i)–(vi). 

Requirements in 10 CFR 

51.22(c)(25)(i): 

To qualify for a categorical exclusion 

under 10 CFR 51.22(c)(25)(i), the 

exemption must involve no significant 

hazards consideration. The criteria for 

determining whether an action 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 UFSAR. As set forth in that 

regulation, there are no significant 

hazard considerations because granting 

the exemptions 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. 

Requirements in 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. The proposed action 

involves only a schedule change, which 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44059 

is administrative in nature, and does not 

involve any changes in the types or 

increase in the amounts of any effluents 

that may be released offsite. 

Requirements in 10 CFR 

51.22(c)(25)(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 

individual or cumulative public or 

occupational radiation exposures. 

Requirements in 10 CFR 

51.22(c)(25)(iv): 

There is no significant construction 

impact. Since the proposed action 

involves only a schedule change related 

to the timing for submittal of UFSAR 

updates, which is administrative in 

nature, it does not involve any 

construction impact. 

Requirements in 10 CFR 

51.22(c)(25)(v): 

There is no significant increase in the 

potential for or consequences from 

radiological accidents. The proposed 

action involves only a schedule change 

related to the timing for submittal of 

UFSAR updates, which is 

administrative in nature and does not 

impact the potential for or consequences 

from radiological accidents. 

Requirements in 10 CFR 

51.22(c)(25)(vi): 

The requirements from which the 

exemption is sought involve 

recordkeeping, reporting, scheduling, or 

other requirements of an administrative, 

managerial, or organizational nature. 

The proposed action involves 

recordkeeping, reporting, and 

scheduling requirements, and other 

requirements of an administrative, 

managerial, or organizational nature 

because it is associated with the 

schedule for submittal of UFSAR 

updates pursuant to 10 CFR 50.71(e)(4), 

and meets that regulation’s requirement 

that the interval between successive 

updates does not exceed 24 months. 

Based on the previously noted 

requirements, the NRC staff concludes 

that the proposed exemptions meet the 

eligibility criteria for the categorical 

exclusion set forth in 10 CFR 

51.22(c)(25). Therefore, in accordance 

with 10 CFR 51.22(b), no environmental 

impact statement or environmental 

assessment need be prepared in 

connection with the NRC’s issuance of 

these exemptions. 

IV. Conclusions 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

part 50.12, the requested exemptions are 

authorized by law, will not present an 

undue risk to public health and safety, 

and are consistent with the common 

defense and security. Also, special 

circumstances, pursuant to 10 CFR 

50.12(a)(2)(ii), are present. Therefore, 

the NRC hereby grants SNC an 

exemption from the requirements of 10 

CFR 50.71(e)(4) to allow SNC to file its 

periodic updates to the Farley, Units 1 

and 2, UFSAR by October 31 of oddnumbered years, not to exceed 24 

months from the last submittal, and to 

the Vogtle, Units 1 and 2, UFSAR by 

October 31 of even-numbered years, not 

to exceed 24 months from the last 

submittal. 

The exemptions are effective upon 

issuance. 

Dated: August 4, 2021. 

For the Nuclear Regulatory Commission. 

/RA/ 

Caroline L. Carusone, 

Deputy Director, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2021–17116 Filed 8–10–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–341; NRC–2020–0110] 

Issuance of Exemption in Response to 

COVID–19 Public Health Emergency 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) issued one 

exemption in June 2021 in response to 

a request from one licensee for relief 

due to the coronavirus 2019 disease 

(COVID–19) public health emergency 

(PHE). The exemption affords the 

licensee temporary relief from certain 

requirements under NRC regulations. 

DATES: On June 17, 2021, the NRC 

granted one exemption in response to a 

request submitted by one licensee on 

May 17, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0110 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–2020–0110. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. 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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. For the convenience of the 

reader, instructions about obtaining 

materials referenced in this document 

are provided in the ‘‘Availability of 

Documents’’ section. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request for copies of 

documents to the PDR via email at 

pdr.resource@nrc.gov or call 1–800– 

397–4209 or 301–415–4737, between 

8:00 a.m. and 4:00 p.m. (ET), Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

James Danna, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–7422, email: 

James.Danna@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On June 17, 2021, the NRC granted 

one exemption in response to a request 

submitted by one licensee dated May 

17, 2021. The exemption temporarily 

allows the licensee to deviate from 

certain requirements of chapter I of title 

10 of the Code of Federal Regulations 

(10 CFR), appendix E, ‘‘Emergency 

Planning and Preparedness for 

Production and Utilization Facilities,’’ 

section IV.F., ‘‘Training.’’ 

The exemption grants DTE Electric 

Company (for Fermi, Unit 2), a 

schedular exemption from the offsite 

biennial emergency preparedness 

exercise requirement, allowing it to 

postpone the calendar year 2020 fullparticipation biennial emergency 

preparedness (EP) exercise until the end 

of calendar year 2021. The exemption 

affords this licensee temporary relief 

from the requirements of 10 CFR part 

50, appendix E, regarding offsite 

response organization (ORO) 

participation in the biennial emergency 

preparedness exercise. The exemption 

will not adversely affect the emergency 

response capability of the facility 

because the licensee has conducted 

numerous drills, exercises, and other 


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