[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66747-66750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26644]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-037; NRC-2008-0556]


Ameren Missouri; Combined License Application for Callaway Plant, 
Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in a response to an August 7, 2014, letter from Ameren 
Missouri, which requested an exemption from Final Safety Analysis 
Report (FSAR) updates included in their Combined License (COL) 
application. The NRC staff reviewed this request and determined that it 
is appropriate to grant the exemption, but stipulated that the updates 
to the FSAR must be submitted prior to, or coincident with, the 
resumption of the COL application review or by December 31, 2015, 
whichever comes first.

DATES: The exemption is effective on November 10, 2014.

ADDRESSES: Please refer to Docket ID NRC-2008-0556 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0556. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#622103100d0e4c25030e0e03050a0710220c10014c050d14"><span class="__cf_email__" data-cfemail="2b684a594447056c4a47474a4c434e596b455948054c445d">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the

[[Page 66748]]

ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 <a href="/cdn-cgi/l/email-protection#621206104c1007110d17100107220c10014c050d14"><span class="__cf_email__" data-cfemail="1f6f7b6d316d7a6c706a6d7c7a5f716d7c31787069">[email protected]</span></a>.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Prosanta Chowdhury, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1647; email: <a href="/cdn-cgi/l/email-protection#bfefcdd0ccded1cbde91fcd7d0c8dbd7cacdc6ffd1cddc91d8d0c9"><span class="__cf_email__" data-cfemail="cf9fbda0bcaea1bbaee18ca7a0b8aba7babdb68fa1bdace1a8a0b9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 24, 2008, Union Electric Company, doing business as Ameren 
UE, submitted to the NRC a COL Application for a single unit of AREVA 
NP's U.S. Evolutionary Power Reactor (U.S. EPR) (ADAMS Accession No. 
ML082140630) in accordance with the requirements in part 52, Section C 
of Title 10 of the Code of Federal Regulations (10 CFR), ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants.'' This reactor 
is to be identified as Callaway Plant (Callaway), Unit 2, and located 
at the current Callaway County, Missouri site of the Callaway Power 
Plant. The Callaway, Unit 2, COL application is based upon and linked 
to the U.S. EPR reference COL (RCOL) application for UniStar's Calvert 
Cliffs Nuclear Power Plant, Unit 3 (CCNPP3). The NRC docketed the 
Callaway, Unit 2, COL application on December 12, 2008. On February 25, 
2009, Ameren submitted Revision 1 to the COL application, including 
updates to the Final Safety Analysis Report (FSAR) (ADAMS Accession No. 
ML090710444). In its letter to the NRC dated April 28, 2009, Ameren 
informed the NRC that it was suspending its efforts to build a nuclear 
power plant in Missouri (ADAMS Accession No. ML091210159). 
Subsequently, by letter dated June 23, 2009, Ameren requested the NRC 
to suspend all review activities relating to the Callaway, Unit 2, COL 
application (ADAMS Accession No. ML091750988). The NRC informed Ameren 
by letter dated June 29, 2009, that it had suspended all review 
activities relating to the Callaway, Unit 2, COL application. By letter 
to the NRC dated October 15, 2012, Ameren requested a one-time 
exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the 
scheduled 2012 and 2013 COL application FSAR updates, and proposed for 
approval of a new submittal deadline of December 31, 2014, for the next 
FSAR update. The NRC granted the exemption as described in Federal 
Register Notice (FRN) 77 FR 76539 (December 28, 2012). The NRC is 
currently performing a detailed review of the CCNPP3 RCOL application, 
as well as AREVA NP's application for design certification of the U.S. 
EPR.

II. Request/Action

    The regulations specified in 10 CFR 50.71(e)(3)(iii), require that 
an applicant for a COL under 10 CFR Part 52 shall, during the period 
from docketing of a COL application until the Commission makes a 
finding under 10 CFR 52.103(g) pertaining to facility operation, submit 
an annual update to the application's FSAR, which is a part of the 
application.
    Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the 
Callaway, Unit 2, COL application FSAR would be due on or before 
December 31, 2014. By letter to the NRC dated August 7, 2014, Ameren 
requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) 
requirements to submit the scheduled 2014 COL application FSAR update, 
and proposed for approval of a new submittal deadline of December 31, 
2016, for the next FSAR update (ADAMS Accession Number ML14234A253).
    Ameren's requested exemption is a one-time schedule change from the 
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested, 
would allow Ameren to submit the next FSAR update at a later date, but 
still in advance of NRC's reinstating its review of the application and 
in any event, by December 31, 2016. The current FSAR update schedule 
could not be changed, absent the exemption. Ameren requested the 
exemption by letter dated August 7, 2014.

III. Discussion

    Pursuant to 10 CFR 50.12, the NRC may, upon application by any 
interested person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR Part 50, including Section 50.71(e)(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) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee or applicant has 
made good faith efforts to comply with the regulation'' (10 CFR 
50.12(a)(2)(v)).
    The review of the Callaway, Unit 2, COL application FSAR has been 
suspended since June 29, 2009. Since the COL application FSAR is 
directly linked to the CCNPP3 RCOL application, many changes in the 
RCOL application require an associated change to the COL application 
FSAR and, because the NRC review of the COL application is suspended, 
the updates to the FSAR will not be reviewed by the NRC staff until the 
Callaway, Unit 2, COL application review is resumed. Thus, the optimum 
time to prepare a revision to the COL application FSAR is sometime 
prior to Ameren requesting the NRC to resume its review. To prepare and 
submit a COL application FSAR update when the review remains suspended 
and in the absence of any decision by Ameren to request the NRC to 
resume the review would require Ameren to spend significant time and 
effort and would be of no value, particularly due to the fact that the 
RCOL application and the U.S. EPR FSAR are still undergoing periodic 
revisions and updates. Furthermore, the adjudicatory proceedings 
related to the Callaway, Unit 2, COL application were terminated by the 
Atomic Safety and Licensing Board (ASLB) after agreements were made 
between Ameren, the NRC, and the petitioners for intervention, as 
documented in ``Amerenue (Callaway Plant, Unit 2), LBP-09-23 (2009)'' 
(ADAMS Accession No. ML092400189). Ameren commits to submit the next 
FSAR update prior to any request to the NRC to resume review of the COL 
application and, in any event, by December 31, 2016. Ameren would need 
to identify all committed changes to the RCOL application since the 
last revisions to the RCOL application and the U.S. EPR FSAR in order 
to prepare a COL application FSAR revision that accurately and 
completely reflects the committed changes to the RCOL application as 
well as the U.S. EPR FSAR.
    The requested one-time exemption to defer submittal of the next 
update to the Callaway, Unit 2, COL application FSAR would provide only 
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). 
Ameren has made good faith efforts to comply with 10 CFR

[[Page 66749]]

50.71(e)(3)(iii) by submitting Revision 1 to the COL application dated 
February 25, 2009, prior to requesting the review suspension. Revision 
1 incorporated information provided in prior supplements and 
standardized language with the RCOL application.

Authorized by Law

    The exemption is a one-time schedule exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested, 
would allow Ameren to submit the next Callaway Unit 2 COL application 
FSAR update on or before December 31, 2016, in lieu of the required 
scheduled submittal on or before December 31, 2014. As stated above, 10 
CFR 50.12 allows the NRC to grant exemptions. The NRC staff has 
determined that granting Ameren a one-time exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii) with updates to the FSAR to be 
submitted on or before December 31, 2015, will provide only temporary 
relief from this regulation and will not result in a violation of the 
Atomic Energy Act of 1954, as amended, or NRC regulations. Therefore, 
the exemption is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
The requested exemption is solely administrative in nature, in that it 
pertains to the schedule for submittal to the NRC of revisions to an 
application under 10 CFR Part 52, for which a license has not been 
granted. In addition, since the review of the application has been 
suspended, any update to the application submitted by Ameren will not 
be reviewed by the NRC at this time. Based on the nature of the 
requested exemption as described above, no new accident precursors are 
created by the exemption; thus, neither the probability, nor the 
consequences of postulated accidents are increased. Therefore, there is 
no undue risk to public health and safety.

Consistent With Common Defense and Security

    The exemption would allow Ameren to submit the next FSAR update 
prior to requesting the NRC to resume the review and, in any event, on 
or before December 31, 2015. This schedule 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), are 
present whenever: (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) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee or applicant has 
made good faith efforts to comply with the regulation'' (10 CFR 
50.12(a)(2)(v)).
    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
As discussed above, the requested one-time exemption is solely 
administrative in nature, in that it pertains to a one-time schedule 
change for submittal of revisions to an application under 10 CFR Part 
52, for which a license has not been granted. The requested one-time 
exemption will permit Ameren time to carefully review the most recent 
revisions of the RCOL application and the U.S. EPR FSAR, and fully 
incorporate these revisions into a comprehensive update of the FSAR 
associated with the Callaway, Unit 2, COL application. This one-time 
exemption will support the NRC staff's effective and efficient review 
of the COL application when resumed, as well as issuance of the safety 
evaluation report, and therefore does not affect the underlying purpose 
of 10 CFR 50.71(e)(3)(iii). Under the circumstances that Ameren has 
suspended its pursuit of the COL, the NRC has suspended its review of 
the application, and the adjudicatory proceedings have been terminated 
by ASLB, application of 10 CFR 50.71(e)(3)(iii) would result in Ameren 
spending significant time and effort in incorporating changes made to 
the RCOL application as well as the U.S. EPR FSAR into the Callaway, 
Unit 2, COL application, but would not achieve the underlying purpose 
of that rule. Granting a one-time exemption from 10 CFR 
50.71(e)(3)(iii) would provide only temporary relief. Ameren has made 
good faith efforts to comply with the regulation. Therefore, the 
special circumstances required by 10 CFR 50.12 (a)(2) for the granting 
of an exemption from 10 CFR 50.71(e)(3)(iii) exist.

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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR Chapter 1 (which includes 
10 CFR 50.71(e)(3)(iii)) is an action that is a categorical exclusion, 
provided that:
    (i) There is no significant hazards consideration;
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    (iv) There is no significant construction impact;
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    (vi) The requirements from which an exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The requirements from which this exemption is sought involve only 
``(B) Reporting requirements'' or ``(G) Scheduling requirements'' of 
those required by 10 CFR 51.22(c)(25)(vi).
    The NRC staff's determination that each of the applicable criteria 
for this categorical exclusion is met as follows:
    I. 10 CFR 51.22(c)(25)(i): There is no significant hazards 
consideration.
    Staff Analysis: The criteria for determining if an exemption 
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 application for which the licensing 
review has been suspended. Therefore, there is no significant hazard 
consideration because granting the proposed exemption would not:

[[Page 66750]]

    (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. 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.
    Staff Analysis: The proposed action involves only a schedule 
change, which is administrative in nature, and does not involve any 
changes in the types or significant increase in the amounts of 
effluents that may be released offsite.
    III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv): There is no significant construction 
impact.
    Staff Analysis: The proposed action involves only a schedule 
change, which is administrative in nature. The application review is 
suspended until further notice, and there is no consideration of any 
construction at this time; therefore, the proposed action does not 
involve any construction impact.
    V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the 
potential for or consequences from radiological accidents.
    Staff Analysis: The proposed action involves only a schedule change 
which is administrative in nature and does not impact the probability 
or consequences of accidents.
    VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this 
exemption is sought involve only ``(B) Reporting requirements'' or 
``(G) Scheduling requirements.''
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves submitting an updated FSAR by 
Ameren, and also relates to the schedule for submitting FSAR updates to 
the NRC.

IV. Conclusion

    The NRC has determined that, pursuant to 10 CFR 50.12, 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 described in 10 CFR 
50.12(a)(2)(ii) and (v) are present. Therefore, the NRC hereby grants 
Ameren a one-time exemption from the requirements of 10 CFR 
50.71(e)(3)(iii) pertaining to the Callaway, Unit 2, COL application to 
allow submittal of the next FSAR update prior to any request to the NRC 
to resume the review, and in any event, no later than December 31, 
2015.
    Pursuant to 10 CFR 51.22, the NRC 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 31st day of October 2014.

    For the Nuclear Regulatory Commission.
Mark Delligatti,
Deputy Director, Division of New Reactor Licensing, Office of New 
Reactors.
[FR Doc. 2014-26644 Filed 11-7-14; 8:45 am]
BILLING CODE 7590-01-P


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