Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Notices 66745 

Dates 

January 5–June 30, 2015. 

Nadene G. Kennedy, 

Polar Coordination Specialist, Division of 

Polar Programs. 

[FR Doc. 2014–26588 Filed 11–7–14; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–275–LR and 50–323–LR; 

ASLBP No. 10–900–01–LR–BD01] 

Pacific Gas & Electric Company; 

(Diablo Canyon Nuclear Power Plant, 

Units 1 and 2); Notice of Atomic Safety 

and Licensing Board Reconstitution 

Pursuant to 10 CFR 2.313(c) and 

2.321(b), the Atomic Safety and 

Licensing Board (Board) in the abovecaptioned Diablo Canyon Nuclear Power 

Plant, Units 1and 2 license renewal 

proceeding is hereby reconstituted by 

appointing Administrative Judge Gary S. 

Arnold to serve on the Board in place 

of Administrative Judge Paul B. 

Abramson. 

All correspondence, documents, and 

other materials shall continue to be filed 

in accordance with the NRC E–Filing 

rule. See 10 CFR 2.302 et seq. 

Issued at Rockville, Maryland, this 4th day 

of November 2014. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. 2014–26646 Filed 11–7–14; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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 the 

implementation of enhancements to 

Emergency Preparedness (EP) rules 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 COL 

application addressing the 

implementation of enhancements to EP 

rules 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: 

• 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: Carol.Gallagher@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 publiclyvailable documents online in the 

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 pdr.resource@nrc.gov. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Prosanta Chowdhury, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–1647 or 

email: Prosanta.Chowdhury@nrc.gov. 

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, Subpart 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 

(ADAMS Accession No. ML091750665). 

By letter to the NRC dated October 26, 

2010, Ameren requested a one-time 

exemption from the 10 CFR 

50.71(e)(3)(iii) requirements to submit 

the COL application FSAR update, and 

proposed for approval of a new 

submittal deadline of December 31, 

2012, for the next FSAR update. The 

NRC granted the exemption as described 

in the Federal Register notice published 

on January 21, 2011 (76 FR 3927). Prior 

to expiration of the exemption, while 

the COL application remained 

suspended, Ameren, on October 15, 

2012, requested a second one-time 

exemption from the 10 CFR 

50.71(e)(3)(iii) requirements to submit 

the COL application FSAR update, 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 the Federal Register notice published 

on December 28, 2012 (77 FR 76539). 

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. On October 3, 2013 

(ADAMS Accession No. ML13282A311), 

Ameren requested an exemption from 

the requirements of 10 CFR Part 50, 

Appendix E, Section I.5, as referenced 

by 10 CFR 52.79(a)(21), to submit an 

update by December 31, 2013, to the 

COL application, addressing the 

enhancements to Emergency 

Preparedness (EP) rules. The NRC 

granted the exemption as described in 

the Federal Register notice published 

on November 27, 2013 (78 FR 70967). 

On August 7, 2014 (ADAMS Accession 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
66746 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Notices 

No. ML14234A253), Ameren requested 

a second exemption from the 

requirements of 10 CFR Part 50, 

Appendix E, Section I.5, as referenced 

by 10 CFR 52.79(a)(21), to submit an 

update by December 31, 2016, to the 

COL application, addressing the 

enhancements to EP rules. 

II. Request/Action 

In Part 50, Appendix E, Section I.5 

requires that an applicant for a COL 

under Subpart C of 10 CFR Part 52 

whose application was docketed prior to 

December 23, 2011, must revise their 

COL application to comply with the EP 

rules published in the Federal Register 

on November 23, 2011 (76 FR 72560). 

An applicant that does not receive a 

COL before December 31, 2013, shall 

revise its COL application to comply 

with these changes no later than 

December 31, 2013. 

Since Ameren will not hold a COL 

prior to December 31, 2013, it is 

therefore, required to revise its 

application to be compliant with the 

new EP rules by December 31, 2013. 

Similar to an earlier exemption request 

it submitted, as described above, by 

letter dated August 7, 2014, Ameren 

requested another exemption from the 

requirements of 10 CFR Part 50, 

Appendix E, Section I.5, to submit the 

required COL application revision to 

comply with the new EP rules (ADAMS 

Accession No. ML14234A253). The 

requested exemption would allow 

Ameren to revise its COL application, 

and comply with the new EP rules on 

or before December 31, 2016, rather than 

the December, 31, 2013, date required 

by 10 CFR Part 50, Appendix E, Section 

I.5. The current requirement to comply 

with the new EP rules could not be 

changed, absent the exemption. 

II. 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 Part 50, Appendix E, 

Section I.5, when: (1) The exemption(s) 

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: ‘‘[a]pplication 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)). 

Authorized by Law 

The exemption is a one-time schedule 

exemption from the requirements of 10 

CFR Part 50, Appendix E, Section I.5. 

The exemption, as requested, would 

allow Ameren to revise its COL 

application, and comply with the new 

EP rules on or before December 31, 

2016, in lieu of December 31, 2014, the 

date granted by the NRC in response to 

Ameren’s request of October 3, 2013, for 

an exemption from the initial December 

31, 2013, requirement per 10 CFR Part 

50, Appendix E, Section I.5. 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 Ameren the 

requested one-time exemption from the 

requirements of 10 CFR Part 50, 

Appendix E, Section I.5 will provide 

only temporary relief from this 

regulation under the above cited special 

circumstances, and will not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or NRC’s regulations. 

Therefore, the exemption is authorized 

by law. 

No Undue Risk to Public Health and 

Safety 

The underlying purposes of the 

enhancements to EP found in 10 CFR 

Part 50, Appendix E, Section I.5, is to 

amend certain EP requirements, which 

are aimed at enhancing protective 

measures in the event of a radiological 

emergency; address, in part, 

enhancements identified after the 

terrorist events of September 11, 2001; 

clarify regulations to effect consistent 

Emergency Plan implementation among 

licensees; and modify certain 

requirements to be more effective and 

efficient. Since plant construction 

cannot proceed until the NRC review of 

the application is completed, a 

mandatory hearing is completed, and a 

license is issued, the exemption does 

not increase the probability of 

postulated accidents. Additionally, 

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 revised COL application 

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. 

Special Circumstances 

Special circumstances, in accordance 

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

whenever ‘‘[a]pplication 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)). The purpose of 10 CFR 

Part 50, Appendix E, Section I.5 was to 

ensure that applicants and new COL 

holders updated their COL application 

or Combined License to allow the NRC 

to review them efficiently and 

effectively, and to bring the applicants 

or licensees into compliance prior to 

their potential approval and receipt of 

license, or for licensees, prior to 

operating the facility. The targets of 

Section I.5 of the rule were those 

applications that were in the process of 

being actively reviewed by the NRC staff 

when the rule came into effect on 

November 23, 2011. Since Ameren 

requested the NRC to suspend its review 

of the Callaway, Unit 2, COL 

application, compelling Ameren to 

revise its COL application in order to 

meet the December 31, 2014, 

compliance deadline per the exemption 

granted on November 27, 2013 (78 FR 

70965), would only bring on 

unnecessary burden and hardship for 

the applicant to meet the compliance 

date. Because Ameren must update its 

application to comply with the 

enhancements to the EP rules prior to 

the NRC approving its COL application, 

the underlying purpose of the rule is 

still achieved if the applicant is required 

to comply by updating the relevant EP 

information in its application on or 

before the earlier date of either a request 

to restart review or December 31, 2015. 

For this reason, the application of 10 

CFR Part 50, Appendix E, Section I.5, 

for the suspended Callaway, Unit 2, 

COL application is deemed 

unnecessary, and therefore, special 

circumstances are present. 

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 Part 50, Appendix E, 

Section I.5) is an action that is a 

categorical exclusion, provided that: 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Notices 66747 

(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 are no significant 

hazard considerations 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. 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 COL application, 

and also relates to the schedule for 

submitting COL application updates to 

the NRC. 

III. 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 described in 10 CFR 

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

Commission hereby grants Ameren a 

one-time exemption from the 

requirements of 10 CFR Part 50, 

Appendix E, Section I.5 pertaining to 

the Callaway, Unit 2, COL application to 

allow submittal of the revised COL 

application that complies with the new 

EP rules 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 

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 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. 2014–26645 Filed 11–7–14; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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: 

• 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: Carol.Gallagher@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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES