[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61226-61227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24806]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0314; Docket Nos. 50-313 and 50-368]


Exemption; Entergy Operations, Inc.; Arkansas Nuclear One, Units 
1 and 2

1.0 Background

    Entergy Operations, Inc. (Entergy, the licensee) is the holder of 
Facility Operating License Nos. DPR-51 and NPF-6, which authorize 
operation of the Arkansas Nuclear One, Units 1 and 2 (ANO-1 and ANO-2), 
respectively. 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 
Pope County, Arkansas.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations, Part 50, Section 
50.36a, paragraph (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 Sec.  50.4, and the time between submission 
of the reports must be no longer than 12 months. If quantities of 
radioactive materials released during the reporting period are 
significantly above design objectives, the report must cover this 
specifically.'' The licensee submitted its Radioactive Effluent Release 
Report for the Calendar Year 2009 on February 25, 2010.
    The ANO-1 Technical Specification (TS) 5.5.1 and ANO-2 TS 6.5.1 
require the Radioactive Effluent Release Report, covering the operation 
of each unit in the previous year, to be submitted prior to May 1 of 
each year in accordance with 10 CFR 50.36a. Originally, both ANO-1 and 
ANO-2 TSs required this report be submitted either prior to March 1 or 
within 60 days of January 1 of each year. Later, during the ANO-1 TS 
conversion, the submittal date for ANO-1 became May 1. The licensee 
continued to send one submittal for the site as allowed by the TSs. The 
licensee also continued to submit the report in accordance with the 
March 1 deadline. Entergy proposed to reorganize Section 6 of the ANO-2 
TS in 2003. The proposed changes were to make the ANO-2 requirements 
consistent with the ANO-1 TS requirements. These changes were 
subsequently approved by the NRC and the submittal date became ``prior 
to May 1'' of each year for both units. However, while the submittal 
dates were consistent again between the ANO-1 and ANO-2 TSs, the 12-
month interval between submittals was not addressed. The actual 
submittal date remained at the end of February of each year because, 
the TS changes notwithstanding, the time between report submittals 
cannot be more than 12 months. As a result, a period of only 2 months 
is available to prepare and submit the report. With ANO continuing to 
send one submittal for the site, this presents an undue administrative 
burden on ANO personnel due to the compressed schedule for data 
collection, report preparation, and internal review following the 
closure of the reporting period.
    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 calendar year 2010 Radioactive Effluent Release 
Report. The proposed exemption allows an additional 2 months for these 
activities to match the current submittal date stated in the TSs. 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. Subsequent submittals, pursuant to 10 CFR 
50.36a(a)(2), will follow the 12-month reporting criteria.
    The application for exemption, dated March 18, 2010, is publicly 
available in the Agencywide Documents Access and Management System 
(ADAMS) under ADAMS Accession No. ML100780094).

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 2010 
Radioactive Effluent Release Report prior to May 1, 2011, 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 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.

[[Page 61227]]

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 2010 Radioactive Effluent Release Report from 
prior to March 1 to prior to May 1, 2011. 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 2010 
Radioactive Effluent Release Report prior to May 1, 2011, which would 
exceed the report submittal requirement of no longer than 12 months 
specified in 10 CFR 50.36a(a)(2) by 2 months. 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 exemption 
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 exemption 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 Entergy Operations, Inc., a 
one-time exemption from the requirements of 10 CFR 50.36a(a)(2), for 
ANO-1 and ANO-2.
    The Commission has determined that granting this one-time exemption 
from the requirements of a regulation of 10 CFR 50.36(a)(2) involves 
(i) no significant hazards consideration, (ii) no significant change in 
the types or significant increase in the amounts of any effluents that 
may be released offsite, (iii) no significant increase in individual or 
cumulative public or occupational radiation exposure, (iv) no 
significant construction impact, and (v) no significant increase in the 
potential for or consequences from radiological accidents. In addition, 
the requirements from which this exemption is sought involve reporting 
requirements in 10 CFR 50.36a(a)(2). Accordingly, the exemption meets 
the eligibility criteria for categorical exclusion set forth in 10 CFR 
51.22(c)(25)(i)-(vi). 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 consideration of this exemption.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 28th day of September 2010.

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2010-24806 Filed 10-1-10; 8:45 am]
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