[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71793-71795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28458]


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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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#2c6f4d5e4340026b4d40404d4b44495e6c425e4f024b435a"><span class="__cf_email__" data-cfemail="b1f2d0c3dedd9ff6d0ddddd0d6d9d4c3f1dfc3d29fd6dec7">[email protected]</span></a>. For technical questions, contact 
the individual(s) 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 
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#e3938791cd9186908c96918086a38d9180cd848c95"><span class="__cf_email__" data-cfemail="166672643864736579636475735678647538717960">[email protected]</span></a>. 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#cc8ebea5ada2e284b9aba4a9bf8ca2beafe2aba3ba"><span class="__cf_email__" data-cfemail="30724259515e1e784557585543705e42531e575f46">[email protected]</span></a>.

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

[[Page 71794]]

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

[[Page 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


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