[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74775-74777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29124]



[[Page 74775]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-036; NRC-2008-0616]


Entergy Operations, Inc.; Combined License Application for River 
Bend Station Unit 3

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 a July 18, 2014, request from Entergy 
Operations, Inc. (EOI) which requested an exemption from addressing 
enhancements to the 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 revised application must be submitted the earlier of either 
the NRC's resumption of EOI's application review or by December 31, 
2015.

DATES: December 16, 2014.

ADDRESSES: Please refer to Docket ID NRC-2008-0616 when contacting the 
NRC about the availability of information regarding this document. You 
may access 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-2008-0616. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#ffbc9e8d9093d1b89e93939e98979a8dbf918d9cd1989089"><span class="__cf_email__" data-cfemail="cb88aab9a4a7e58caaa7a7aaaca3aeb98ba5b9a8e5aca4bd">[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 access publicly available documents online in the NRC 
Library 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#c5b5a1b7ebb7a0b6aab0b7a6a085abb7a6eba2aab3"><span class="__cf_email__" data-cfemail="f9899d8bd78b9c8a968c8b9a9cb9978b9ad79e968f">[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 the 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: Lynnea Wilkins, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1377; email: <a href="/cdn-cgi/l/email-protection#337f4a5d5d56521d645a5f585a5d40735d41501d545c45"><span class="__cf_email__" data-cfemail="28645146464d49067f41444341465b68465a4b064f475e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The following sections include the text of 
the exemption in its entirety as issued to EOI.

I. Background

    The NRC accepted for docketing the River Bend Station Unit 3 (RBS3) 
COL application on December 4, 2008 (ADAMS Accession No. ML083370275, 
Docket No. 52-036). On January 9, 2009, EOI requested that the NRC 
temporarily suspend review of the application and the NRC granted EOI's 
request (ADAMS Accession No. ML090080277) while the application 
remained docketed. On September 30, 2013, EOI requested an exemption 
from the requirements of 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 submit an update by December 31, 2014. The exemption 
was granted by the NRC on December 4, 2013 (ADAMS Accession Nos. 
ML13297A247 and ML13297A248). On July 18, 2014 (ADAMS Accession No. 
ML14202A337), EOI requested another exemption from the requirements of 
10 CFR part 50, Appendix E, Section I.5.

II. Request/Action

    Section I.5 of 10 CFR part 50, Appendix E, 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). Section I.5 of 10 CFR part 
50, Appendix E, gives those COL applicants close to receiving their COL 
the option to defer addressing the changes to the EP rules; however, a 
license amendment request must be submitted no later than December 31, 
2013. 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.
    Because EOI 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. By letter dated January 9, 2009, EOI 
requested that the NRC suspend review of the RBS3 COL application. The 
NRC granted EOI's request for suspension of all review activities while 
the application remained docketed (ADAMS Accession No. ML090080277). On 
September 30, 2013, EOI requested an exemption from the requirements of 
Section I.5 of 10 CFR part 50, Appendix E, to submit an update by 
December 31, 2014. The exemption was granted by the NRC on December 4, 
2013 (ADAMS Accession Nos. ML13297A247 and ML13297A248). The exemption 
is set to expire December 31, 2014. In a letter dated, July 18, 2014 
(ADAMS Accession No. ML14202A337), EOI requested an exemption from the 
requirements of 10 CFR part 50, Appendix E, Section I.5 the earlier of 
either the time that EOI requests reactivation of the RBS3 COL 
application review or on December 31, 2015. With either the 
reactivation or on December 31, 2015, EOI commits to submit an upgrade 
of the RBS3 COL application addressing the enhancements to Emergency 
Preparedness Regulations.
    EOI requested an exemption from the requirements of 10 CFR part 50, 
Appendix E, Section I.5 to December 31, 2015 or coincident with 
resuming the review of the RBS3 COL application, whichever occurs 
first. The exemption would allow EOI to comply with the new EP rule at 
a later date, but still in advance of NRC's reinstating its review of 
the application and in any event, by December 31, 2015. The current 
schedule 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, 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)).
    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 COL approval and receipt of license, or operate the

[[Page 74776]]

facility. The target of Section I.5 of the EP 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. Because 
EOI requested the NRC to suspend its review of the RBS3 COL 
application, compelling EOI to revise its COL application in order to 
meet the December 31, 2013 compliance deadline would only bring on 
unnecessary burden and hardship for the applicant to meet the 
compliance date. So long as it is recognized that the COL application 
must be updated to comply with the enhancements to the EP rules, prior 
to the NRC approving EOI's COL application, it makes no difference if 
they revise the COL application now, the earlier of EOI's request to 
restart the review or December 31, 2015. For this reason the 
application of Appendix E, Section I.5 can be deemed unnecessary, and 
therefore special circumstances are present.

Authorized by Law

    The exemption is a schedule exemption from the requirements of 10 
CFR part 50, Appendix E, Section I.5. The exemption would allow EOI to 
revise its COL application and comply with the new EP rules on December 
31, 2015, in lieu of 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 EOI the requested exemption 
from the requirements of 10 CFR part 50, Appendix E, Section I.5 will 
be only temporary, and will not result in a violation of the Atomic 
Energy Act of 1954, as amended, or the 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 Emergency 
Preparedness found in 10 CFR part 50, Appendix E are to amend certain 
EP requirements that 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 requested exemption would allow EOI to submit the revised COL 
application the earlier of a requested restart of the NRC COL 
application review or on 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), are 
present whenever ``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)). The underlying purpose of 10 CFR part 50, Appendix E, 
Section I.5 is to ensure that applicants are in compliance with the new 
EP rules in a time that allows the NRC to effectively review their COL 
application prior to issuance of the license. Because the requirement 
to comply with the new EP rules was intended for active reviews and the 
RBS3 COL application review is now suspended, the application of this 
regulation in this particular circumstance is unnecessary in order to 
achieve its underlying purpose. If the NRC were to grant this exemption 
EOI would then be required to comply by the earlier of a restart or the 
review or December 31, 2015 and the purpose of the rule would still be 
achieved. Therefore, the special circumstances required by 10 CFR 
50.12(a)(2)(ii) for the granting of an exemption from 10 CFR part 50, 
Appendix E, Section I.5 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) and justified by the NRC staff as discussed below.
    10 CFR 51.22(c)(25)(i): The criteria for determining whether there 
is no significant hazards consideration are found in 10 CFR 
50.92(c)(1)-(3). 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. There are no significant hazards 
considerations because granting the proposed exemption would not 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, create the possibility of a new or 
different kind of accident from any accident previously evaluated, or 
involve a significant reduction in a margin of safety.
    10 CFR 51.22(c)(25)(ii): 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.
    10 CFR 51.22(c)(25)(iii): 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.
    10 CFR 51.22(c)(25)(iv): The proposed action involves only a 
schedule change which is administrative in nature; the COL 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.
    10 CFR 51.22(c)(25)(v): The proposed action involves only a 
schedule change which is administrative in nature, and does not impact 
the probability or consequences of radiological accidents.
    10 CFR 51.22(c)(25)(vi)(B) and (G): The exemption request involves 
submitting an updated COL application by EOI and 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)(1) and (2), 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 EOI 
the exemption from the requirements of 10 CFR part 50, Appendix E, 
Section I.5 pertaining to the River Bend Station Unit 3 COL application 
to allow submittal of the revised COL application that complies with 
the new EP rules the earlier of any request to the NRC to resume the 
review or by December 31, 2015.

[[Page 74777]]

    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 3rd day of December 2014.

    For The Nuclear Regulatory Commission.
Ronaldo Jenkins,
Branch Chief, Licensing Branch 3, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2014-29124 Filed 12-15-14; 8:45 am]
BILLING CODE 7590-01-P


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