61226 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on September 21, 2010, the NRC staff 

consulted with the Washington State 

official, Mr. R. Cowley of the Office of 

Radiation Protection, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated April 28, 2010, as supplemented 

by letter dated August 9, 2010. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the ADAMS Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/adams.html. Persons who 

do not have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR Reference staff by 

telephone at 1–800–397–4209 or 301– 

415–4737, or send an e-mail to 

pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 28th day 

of September 2010. 

For The Nuclear Regulatory Commission. 

Carl F. Lyon, 

Project Manager, Plant Licensing Branch IV, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2010–24811 Filed 10–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

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 § 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 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] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards Meeting of the ACRS 

Subcommittee on Future Plant 

Designs; Revision to the September 

24, 2010, ACRS Meeting Federal 

Register Notice 

The Federal Register Notice for the 

ACRS Subcommittee Meeting on Future 

Plant Designs scheduled to be held on 

October 21, 2010, is being revised to 

notify the following: 

The meeting will be open to public 

attendance with exception of portions 

that may be closed to protect 

information that is proprietary to 

Westinghouse Electric Company, 

General Electric—Hitachi Nuclear 

Energy (GEH), and their contractors, 

pursuant to 5 U.S.C. 552b(c)(4). 

The notice of this meeting was 

previously published in the Federal 

Register on Friday, September 24, 2010, 

[75 FR 58448]. All other items remain 

the same as previously published. 

Further information regarding this 

meeting can be obtained by contacting 

Christina Antonescu, Designated 

Federal Official (Telephone: 301–415– 

6792, E-mail: 

Christina.Antonescu@nrc.gov) between 

7:30 a.m. and 5:15 p.m. (ET). 

Dated: September 28, 2010. 

Antonio F. Dias, 

Chief, Reactor Safety Branch B, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2010–24791 Filed 10–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0002] 

Sunshine Act: Notice of Meeting 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATE: Weeks of October 4, 11, 18, 25, 

November 1, 8, 2010. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of October 4, 2010 

There are no meetings scheduled for 

the week of October 4, 2010. 

Week of October 11, 2010—Tentative 

Thursday, October 14, 2010 

9:30 a.m.—Briefing on Alternative Risk 

Metrics for New Light Water 

Reactors, (Public Meeting) (Contact: 

CJ Fong, 301 415–6249). 


jlentini on DSKJ8SOYB1PROD with NOTICES