[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80547-80549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32145]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400; NRC-2010-0020]
Carolina Power & Light Company, Shearon Harris Nuclear Power
Plant, Unit No. 1; Exemption
1.0 Background
Carolina Power & Light Company (CP&L, the licensee) is the holder
of Renewed Facility Operating License No. NPF-63, which authorizes
operation of the Shearon Harris Nuclear Power Plant (HNP), Unit 1. The
license provides, among other things, that the facility is
[[Page 80548]]
subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of one pressurized-water reactor located in New
Hill, North Carolina.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) Part 73,
``Physical protection of plants and materials,'' Section 73.55,
``Requirements for physical protection of licensed activities in
nuclear power reactors against radiological sabotage,'' published as a
final rule in the Federal Register on March 27, 2009, effective May 26,
2009, with a full implementation date of March 31, 2010, requires
licensees to protect, with high assurance, against radiological
sabotage by designing and implementing comprehensive site security
plans. The amendments to 10 CFR 73.55 published on March 27, 2009 (74
FR 13926), establish and update generically applicable security
requirements similar to those previously imposed by Commission orders
issued after the terrorist attacks of September 11, 2001, and
implemented by licensees. In addition, the amendments to 10 CFR 73.55
include additional requirements to further enhance site security based
upon insights gained from implementation of the post-September 11,
2001, security orders.
By letter dated February 24, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML093620908), the NRC granted
an exemption to the licensee for three specific items subject to the
new rule in 10 CFR 73.55, allowing the implementation of these items to
be extended until December 15, 2010. The licensee has implemented all
other physical security requirements established by this rulemaking
prior to March 31, 2010, the required implementation date.
By letter dated September 20, 2010, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Specifically, the licensee requested an extension of the implementation
date for one remaining item from December 15, 2010, to November 30,
2011. Portions of the licensee's September 20, 2010, letter contain
security-related information and, accordingly, a redacted version of
this letter is available for public review in the ADAMS No.
ML102650191. The licensee requested this exemption to allow an
additional extension from the current implementation date granted in
the prior exemption to implement one remaining item of the requirements
that involves important physical modifications to the HNP, Unit 1
security system. The licensee identified several issues that have
delayed the work to this point and impacted the projected schedule,
such as the existence of safety-related conduit and dedicated safe shut
down equipment of HNP, Unit 1 within the area where important security
modifications are planned. These issues were revealed as the design
evolved from the conceptual state to a detailed design state and led to
a significant increase in the project's complexity and scope of tasks
to be performed. The licensee stated that additional time, beyond that
previously approved, is needed due the extensive redesign and review
effort that was unforeseen at the conceptual design stage. Granting an
exemption would allow the licensee time to complete the necessary
security modifications to meet the regulatory requirements.
3.0 Discussion of Part 73 Schedule Exemption From the March 31, 2010,
Full Implementation Date
Pursuant 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee, licensed under 10 CFR Part 50, shall implement
the requirements of this section through its Commission-approved
Physical Security Plan, Training and Qualification Plan, Safeguards
Contingency Plan, and Cyber Security Plan referred to collectively
hereafter as `security plans.''' In accordance with 10 CFR 73.5, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR Part
73 when the exemptions are authorized by law, and will not endanger
life or property or the common defense and security, and are otherwise
in the public interest.
NRC approval of this exemption would allow an additional extension
from the implementation date granted under a previous exemption from
December 15, 2010, to November 30, 2011, for one remaining item of the
three requirements of the final rule. As stated above, 10 CFR 73.5
allows the NRC to grant exemptions from the requirements of 10 CFR 73.
The NRC staff has determined that granting of the licensee's proposed
exemption would not result in a violation of the Atomic Energy Act of
1954, as amended, or the Commission's regulations. Therefore, the
exemption is authorized by law.
In the draft final rule provided to the Commission, the NRC staff
proposed that the requirements of the new regulation be met within 180
days. The Commission directed a change from 180 days to approximately 1
year for licensees to fully implement the new requirements. This change
was incorporated into the final rule.
As noted in the final rule, the Commission anticipated that
licensees would have to conduct site-specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a request to generically extend the rule's
compliance date for all operating nuclear power plants, but noted that
the Commission's regulations provide mechanisms for individual
licensees, with good cause, to apply for relief from the compliance
date (Reference: June 4, 2009, letter from R.W. Borchardt, NRC, to M.S.
Fertel, Nuclear Energy Institute (ADAMS Accession No. ML091410309)).
The licensee's request for an exemption is, therefore, consistent with
the approach set forth by the Commission and discussed in the June 4,
2009, letter.
Shearon Harris Schedule Exemption Request
The licensee provided detailed information in its letter dated
September 20, 2010, describing the reason and justification for an
exemption to extend the implementation date for the one remaining
requirement. Additionally, the licensee has provided information
regarding the revised scope for projects at HNP, Unit 1 and the impacts
on the licensee's ability to meet the current implementation date of
December 15, 2010. The existence of safety-related conduit and
dedicated safe shut down (SSD) equipment of HNP, Unit 1 within the area
where important security modifications are planned have delayed the
work and impacted the projected schedule. A direct outside access route
to the physical construction area has not been available due to design
basis tornado and missile considerations for the safety-related
conduits and SSD equipment. The licensee is now pursuing a design
solution that will allow both temporary and ultimately permanent direct
outside access to the area to ensure that the new plans will meet all
regulatory requirements. The extensive redesign and review efforts that
were unforeseen at the conceptual design stage need additional time
beyond that previously approved. Portions of the September 20, 2010,
letter contain security-related information regarding the site security
plan, details of specific portions of the regulation from which the
licensee
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seeks exemption, justification for the additional extension request, a
description of the required changes to the physical security systems,
and a revised timeline with critical path activities that would enable
the licensee to achieve full compliance by November 30, 2011. The
timeline provides dates indicating when (1) design activities will be
completed and approved, (2) the exterior missile protection plate will
be modified for entry, and (3) the new and relocated equipment will be
installed and tested.
The site-specific information provided within the HNP exemption
request is relative to the requirements from which the licensee
requested exemption and demonstrates the need for modification to meet
the one specific remaining requirement of 10 CFR 73.55. The proposed
implementation schedule depicts the critical activity milestones of the
security system upgrades; is consistent with the licensee's solution
for meeting the requirements; is consistent with the scope of the
modifications and the issues and challenges identified; and is
consistent with the licensee's requested compliance date.
Notwithstanding the proposed schedule exemption for this one
remaining requirement, the licensee will continue to be in compliance
with all other applicable physical security requirement as described in
10 CFR 73.55 and reflected in its current NRC-approved physical
security program. By November 30, 2011, the HNP physical security
system will be in full compliance with all of the regulatory
requirements of 10 CFR 73.55, as published on March 27, 2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The NRC staff has reviewed the licensee's submittals and concludes
that the licensee has provided adequate justification for its request
for an extension of the previously authorized implementation date from
December 15, 2010, with regard to one remaining requirement of 10 CFR
73.55, to November 30, 2011. This conclusion is based on the NRC
staff's determination that the licensee has made a good faith effort to
meet the requirements in a timely manner, has sufficiently described
the reason for the unanticipated delays, and has provided an updated
detailed schedule with adequate justification to the additional time
requested for the extension.
The long-term benefits that will be realized when the security
systems upgrade is complete justify extending the full compliance date
with regard to the specific requirements of 10 CFR 73.55 for this
particular licensee. The security measures that HNP needs additional
time to implement are new requirements imposed by amendments to 10 CFR
73.55, as published on March 27, 2009, and are in addition to those
required by the security orders issued in response to the events of
September 11, 2001. Accordingly, an exemption from the March 31, 2010,
implementation date is authorized by law and will not endanger life or
property or the common defense and security, and the Commission hereby
grants the requested exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption to the March 31, 2010, implementation date for the
one item specified in Attachment 1 of the CP&L letter dated September
20, 2010, the licensee is required to implement this one remaining item
and be in full compliance with 10 CFR 73.55 by November 30, 2011. In
achieving compliance, the licensee is reminded that it is responsible
for determining the appropriate licensing mechanism (i.e., 10 CFR
50.54(p) or 10 CFR 50.90) for incorporation of all necessary changes to
its security plans.
In accordance with 10 CFR 51.32, ``Finding of no significant
impact,'' the Commission has previously determined that the granting of
this exemption will not have a significant effect on the quality of the
human environment (75 FR 77919 dated December 14, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 14th day of December 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-32145 Filed 12-21-10; 8:45 am]
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