Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71793 

(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 is 

administrative in nature, and does not 

involve any changes to be made in the 

types or significant increase in the 

amounts of effluents that may be 

released offsite. 

(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 

occupational or public radiation 

exposure. 

(iv) There is no significant 

construction impact; 

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, and hence 

the proposed action does not involve 

any construction impact. 

(v) There is no significant increase in 

the potential for or consequences from 

radiological accidents; and 

The proposed action involves only a 

schedule change which is 

administrative in nature, and does not 

impact the probability or consequences 

of accidents. 

(vi) The requirements from which an 

exemption is sought involve: 

(B) Reporting requirements; 

The exemption request involves 

submitting an updated FSAR by DEP 

and 

(G) Scheduling requirements; 

The proposed exemption relates to the 

schedule for submitting FSAR updates 

to the NRC. 

IV. 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 DEP a one-time exemption 

from the requirements of 10 CFR 

50.71(e)(3)(iii) pertaining to the Shearon 

Harris Nuclear Power Plant Units 2 and 

3 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 

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 24 day 

of November 2014. 

For The Nuclear Regulatory Commission. 

Frank Akstulewicz, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2014–28456 Filed 12–2–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 52–022 and 52–023; NRC– 

2013–0261] 

Duke Energy Progress Inc; Combined 

License Applications for Shearon 

Harris Nuclear Plant Units 1 and 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to an August 1, 

2014, letter from Duke Energy Progress 

(DEP). On May 2, 2013, DEP requested 

that the NRC suspend review of its 

combined license (COL) application 

until further notice. On August 1, 2014, 

DEP requested an exemption from 

certain regulatory requirements which, 

if granted, would allow them to revise 

their COL application in order to 

address enhancements to the Emergency 

Preparedness (EP) rules by December 

31, 2015, rather than by December 31, 

2013, as the regulations currently 

require. The NRC staff reviewed this 

request and determined that it is 

appropriate to grant the exemption to 

the EP update requirements until 

December 31, 2015, but stipulated that 

the updates to the Final Safety Analysis 

Report (FSAR) must be submitted prior 

to requesting the NRC resume its review 

of the COL application, or by December 

31, 2015, whichever comes first. 

DATES: The exemption is effective on 

December 3, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2013–0261 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 Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2013–0261. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual(s) 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 

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. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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: 

Brian Hughes, Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–6582; email: Brian.Hughes@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 18, 2008 (ADAMS 

Accession No. ML080580078), DEP 

submitted to the NRC a COL application 

for two units of Westinghouse Electric 

Company’s AP1000 advanced 

pressurized water reactors to be 

constructed and operated at the existing 

Shearon Harris Nuclear Plant (Harris) 

site (Docket Numbers 52–22 and 52–23). 

The NRC docketed the Harris Units 2 

and 3 COL application on April 23, 

2008. On May 2, 2013 (ADAMS 

Accession No. ML13123A344), DEP 

requested that the NRC suspend review 

of the Harris Units 2 and 3 COL 

application. The NRC granted DEP’s 

request for suspension and all review 

activities related to the Harris Units 2 

and 3 COL application were suspended 

while the application remained 

docketed. On July 29, 2013 (ADAMS 

Accession No. ML13212A361), DEP 

requested an exemption from the 

requirements in Part 50 Appendix E 

Section I.5 of Title 10 of the Code of 

Federal Regulations (10 CFR), as 

referenced by 10 CFR 52.79(a)(21), to 


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71794 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 

submit an update to the COL 

application, addressing the 

enhancements to the EP rules by 

December 31, 2013, which the NRC 

granted through December 31, 2014. On 

August 1, 2014, DEP requested another 

exemption to December 31, 2015, 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 to the COL application, 

addressing the enhancements to the EP 

rules by December 31, 2013. 

II. Request/Action 

Appendix E of 10 CFR part 50 

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 DEP 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 

1, 2014 (ADAMS Accession No. 

ML14216A432), DEP 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. The requested exemption would 

allow DEP to revise its COL application, 

and comply with the new EP rules on 

or before December 31, 2015, rather than 

the initial December 31, 2013, date 

required by 10 CFR part 50, Appendix 

E, Section I.5. The current requirement 

to comply with the new EP rule by 

December 31, 2013, could not be 

changed, absent the exemption. 

III. Discussion 

Pursuant to 10 CFR 50.12(a), 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: ‘‘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)). 

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 would allow DEP to 

revise its COL application, and comply 

with the new EP rules on or before 

December 31, 2015, in lieu of the initial 

December 31, 2013, the date required by 

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 

DEP the requested one-time exemption 

from the requirements of 10 CFR 50, 

Appendix E, Section I.5 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 the 

enhancements to Emergency 

Preparedness found in 10 CFR part 50, 

Appendix E, is to amend certain EP 

requirements to enhance 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 requested exemption would 

allow DEP 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: (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)(ii); 

or (2) The exemption would only 

provide temporary relief from the 

applicable regulation or the applicant 

has made good faith efforts to comply 

with the regulation (10 CFR 

50.12(a)(2)(v)). 

The purpose of 10 CFR part 50, 

Appendix E, Section I.5 is to ensure that 

applicants and new COL holders 

updated their COL applications or COLs 

to allow the NRC to review them 

efficiently and effectively, and to bring 

the applicants or licensees into 

compliance prior to receiving a license, 

or, for licensees, prior to operating the 

plant. The targets of Section I.5 of the 

rule were those applications that were 

being actively reviewed by the NRC staff 

when the rule went into effect on 

November 23, 2011. Since the Harris 

Units 2 and 3 COL application is now 

suspended compelling DEP to revise its 

COL application in order to meet the 

compliance deadline would result in 

unnecessary burden and hardship for 

the applicant to meet the compliance 

date. If the NRC were to grant this 

exemption, and DEP were then required 

to update its application to comply with 

the EP rule enhancements by December 

31, 2015, or prior to any request to 

restart their review, the purpose of the 

rule would still be achieved. For this 

reason, the application of 10 CFR part 

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

suspended Harris 2 and 3 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) and 

justified by the NRC staff as follows: 

(c) The following categories of actions 

are categorical exclusions: 

provided that: 

(i) There is no significant hazards 

consideration; 

The criteria for determining whether 

there is no significant hazards 

consideration are found in 10 CFR 

50.92. The proposed action involves 

only a schedule change regarding the 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71795 

submission of an update to the 

application for which the licensing 

review has been suspended. Therefore, 

there are no significant hazards 

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) 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 is 

administrative in nature, and does not 

involve any changes to be made in the 

types or significant increase in the 

amounts of effluents that may be 

released offsite. 

(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 

occupational or public radiation 

exposure. 

(iv) There is no significant 

construction impact; 

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, and hence 

the proposed action does not involve 

any construction impact. 

(v) There is no significant increase in 

the potential for or consequences from 

radiological accidents; and 

The proposed action involves only a 

schedule change which is 

administrative in nature, and does not 

impact the probability or consequences 

of accidents. 

(vi) The requirements from which an 

exemption is sought involve: 

(B) Reporting requirements; 

The exemption request involves 

submitting an updated COL application 

by DEP and 

(G) Scheduling requirements; 

The proposed exemption relates to the 

schedule for submitting a COL 

application update to the NRC. 

IV. 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 DEP a one-time exemption 

from the requirements of 10 CFR part 

50, Appendix E, Section I.5 pertaining 

to the Harris Units 2 and 3 COL 

application to allow submittal of the 

revised COL application that complies 

with the enhancements to the 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 25 day 

of November 2014. 

For The Nuclear Regulatory Commission. 

Frank Akstulewicz, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2014–28458 Filed 12–2–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–0036; NRC–2012–0054] 

Westinghouse Electric Company, LLC; 

Decommissioning Project, Hematite, 

Missouri 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

request for exemption; opportunity to 

request a hearing and to petition for 

leave to intervene; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has received an 

application from Westinghouse Electric 

Company, LLC dated July 11, 2014, and 

subsequently modified by submittal 

dated September 25, 2014, for 

amendment of the Hematite Fuel Cycle 

Facility license (License No. SNM–33), 

which authorizes decommissioning of 

the facility. The amendment would 

allow disposal of an additional 87,100 

m3 (cubic meters) of debris and 

contaminated soil, concrete and asphalt, 

filter media, ion exchange resin and 

piping containing NRC-licensed source, 

byproduct and special nuclear material 

at U.S. Ecology Idaho, Inc. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by February 2, 2015. Any potential 

party as defined in § 2.4 of Title 10 of 

the Code of Federal Regulations (10 

CFR) who believes access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) and/or Safeguards 

Information (SGI) is necessary to 

respond to this notice must request 

document access by December 15, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0054 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 Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0054. 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 

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. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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: John 

J. Hayes, Office of Nuclear Materials and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–5928; email: 

John.Hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC has received a license 

amendment application from 

Westinghouse Electric Company, LLC 

(WEC or the licensee), dated July 11, 

2014 (ADAMS Accession No. 

ML14193A008). The licensee holds NRC 

License No. SNM–33 and is authorized 

to conduct decommissioning activities 

at the facility. The licensee requests 

NRC authorization under 10 CFR 


tkelley on DSK3SPTVN1PROD with NOTICES