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Category:Exemption from NRC Requirements
MONTHYEARML24044A0732024-02-28028 February 2024
Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024
RA-23-0318, Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0404 December 2023
Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation
RA-23-0284, RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-16016 November 2023
RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation
ML20339A5212020-12-17017 December 2020
Exemption from Annual Force-On-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1)
ML20129J8672020-05-14014 May 2020
Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0041 (COVID-19))
ML19254A6202019-09-17017 September 2019
Duke Energy Fleet (Brunswick, Catawba, Robinson, McGuire, Oconee, and Shearon Harris) - Alternative to Use Encoded Phased Array Ultrasonic Examination in Lieu of Radiography
ML11297A1042011-10-31031 October 2011
Exemption
ML1000822002010-03-0303 March 2010
FRN: General Notice. H. B. Robinson Steam Electric Plant, Unit No. 2 - Exemption
ML1000821902010-03-0303 March 2010
Letter and Exemption from the Requirements of 10 CFR Part 73, Section 73.55
ML0520105632005-07-27027 July 2005
Exemption, Transnuclear NUHOMS-24PTH Dry Shielded Canisters at HBRSEP2
RNP-RA/05-0072, Request for Exemption from 10 CFR 72.2122005-07-20020 July 2005
Request for Exemption from 10 CFR 72.212
RNP-RA/05-0060, Request for Exemption from 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(2)(i)(A), 10 CFR 72.212(b)(7), & 10 CFR 72.214, & Withdrawal of April 19, 2005 Exemption Request from 10 CFR 72.212(b)(7)2005-06-13013 June 2005
Request for Exemption from 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(2)(i)(A), 10 CFR 72.212(b)(7), & 10 CFR 72.214, & Withdrawal of April 19, 2005 Exemption Request from 10 CFR 72.212(b)(7)
RNP-RA/05-0026, Request for Exemption from 10 CFR 72.212(b)(7)2005-04-19019 April 2005
Request for Exemption from 10 CFR 72.212(b)(7)
RNP-RA/05-0011, Request for Exemption from 10 CFR 50.68. Criticality Accident Requirements.2005-02-22022 February 2005
Request for Exemption from 10 CFR 50.68. Criticality Accident Requirements.
ML0234403072002-12-10010 December 2002
Exemption from Requirements of 10 CFR Part 55, Section 55.59(c)
2024-02-28
[Table view]
Category:Federal Register Notice
MONTHYEARML24044A0732024-02-28028 February 2024
Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024
ML19238A3692019-09-0303 September 2019
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019
ML18278A2802018-10-10010 October 2018
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 10/23/2018
NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018
ML17353A1922017-12-21021 December 2017
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018
ML16271A0922016-09-28028 September 2016
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016
NRC-2016-0143, Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI2016-07-18018 July 2016
Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au
ML16187A2232016-07-18018 July 2016
Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au
ML16131A7952016-05-13013 May 2016
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016
NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016
ML16061A3012016-03-0202 March 2016
Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016
ML15204A2792015-07-27027 July 2015
Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 4, 2015
NRC-2015-0165, Application and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for2015-07-23023 July 2015
Application and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Acce
ML15188A1632015-07-23023 July 2015
Application and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Acce
ML15148A3762015-06-0101 June 2015
Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015
ML13018A2392015-04-0808 April 2015
G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011
NRC-2014-0917, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 20142014-09-0505 September 2014
Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 2014
ML14247A1542014-09-0505 September 2014
Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 2014
ML14099A2172014-04-28028 April 2014
FRN on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI
ML13228A3992013-08-12012 August 2013
Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109
ML13225A5572013-08-12012 August 2013
Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit
ML13164A2012013-06-13013 June 2013
Correction to Bi-weekly Notice
ML12056A0442012-03-12012 March 2012
Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status
NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012
Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status
NRC-2011-0282, H. B. Robinson Steam Electric Plant, Unit 2 and H. B. Robsinon Independent Spent Fuel Storage Installation - Federal Register Notice - Order Approving Indirect License Transfer2011-12-0202 December 2011
H. B. Robinson Steam Electric Plant, Unit 2 and H. B. Robsinon Independent Spent Fuel Storage Installation - Federal Register Notice - Order Approving Indirect License Transfer
ML11255A0582011-12-0202 December 2011
H. B. Robsinon Independent Spent Fuel Storage Installation - Federal Register Notice - Order Approving Indirect License Transfer
ML11297A1042011-10-31031 October 2011
Exemption
ML11297A1032011-10-31031 October 2011
Letter - Exemption Regarding Use of M5 Alloy in Fuel Rod Cladding
NRC-2011-0247, H. B. Robinson Steam Electric Plant, Unit 2 - Federal Register Notice - Environmental Assessment2011-10-17017 October 2011
H. B. Robinson Steam Electric Plant, Unit 2 - Federal Register Notice - Environmental Assessment
ML11277A0322011-10-17017 October 2011
Federal Register Notice - Environmental Assessment
ML11277A0312011-10-17017 October 2011
Letter - Environmental Assessment and Finding No Significant Impact Regarding Use of M5 Alloy in Fuel Road Cladding
NRC-2011-0216, September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations2011-09-0808 September 2011
September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations
ML11251A0092011-09-0808 September 2011
September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations
ML11221A3942011-08-22022 August 2011
Federal Register Notice - Notice of Consideration
NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011
Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011
ML1122302752011-08-11011 August 2011
Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011
ML1000822002010-03-0303 March 2010
FRN: General Notice. H. B. Robinson Steam Electric Plant, Unit No. 2 - Exemption
ML1000821462010-02-16016 February 2010
Environmental Assessment and Finding of No Significant Impact
ML1000821702010-02-16016 February 2010
Environmental Assessment and Finding of No Significant Impact
ML1002704092010-02-0404 February 2010
Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing and Order Imposing Procedure
ML0732303002007-11-21021 November 2007
Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing
ML0702301402007-01-24024 January 2007
Individual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing
ML0533903522006-01-0909 January 2006
FRN: All Nuclear Power Plants That Use Hemyc/Mt Fire Barriers Notice of Issuance of Director'S Decision Under 10 CFR 2.206
ML0518903022005-07-20020 July 2005
Environmental Assessment MC6225, Handling and Storage of Spent Nuclear Fuel
ML0517405622005-06-27027 June 2005
G20050379 - Paul Gunter Ltr. 2.206 Inoperable Hemyc/Mt Fire Protection System
ML0426801182004-09-24024 September 2004
Fr Notice - Notice of Partial Denial of Amendment to Facility Operating License and Opportunity for Hearing
ML0410401882004-04-19019 April 2004
Federal Register Notice
ML0334303752003-12-12012 December 2003
Final Supplement 13 to the Generic Environmental Impact Statement for H.B. Robinson Steam Electric Plant, Unit 2 License Renewal
ML0312600842003-05-0505 May 2003
Notice of Availability of the Draft Plant-Specific Supplement to the Generic Environmental Impact Statement Regarding H.B. Robinson Steam Electric Plant, Unit 2
ML0318204412003-03-0606 March 2003
Email Dated March 6, 2003, from Dr. Ed Siegel to A. Hiser, W. Bateman, and T. Chan, Fwd: Fyi: Questions? Comments?
2024-02-28
[Table view] |
Text
7590-01-P NUCLEAR REGULATORY COMMISSION CAROLINA POWER & LIGHT COMPANY H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261
[NRC-2010-0062]
EXEMPTION
1.0 BACKGROUND
Carolina Power & Light Company (the licensee) is the holder of Facility Operating License No. DPF-23, which authorizes operation of the H. B. Robinson Steam Electric Plant, Unit 2 (HBRSEP). The license provides, among other things, that the facility is 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 a pressurized water reactor located in Darlington County, South 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 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 programs. The amendments to 10 CFR 73.55 published on March 27, 2009 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. It is from 2 of these new requirements that HBRSEP now seeks an exemption from the March 31, 2010 implementation date. All other physical security requirements established by this recent rulemaking have already been or will be implemented by the licensee by March 31, 2010.
By letter dated November 30, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, Specific exemptions. The licensees November 30, 2009, letter contains proprietary and security-related information that, accordingly, is not available to the public. The licensee has requested an exemption from the March 31, 2010, compliance date stating that it must complete a number of significant modifications to the current site security configuration before all requirements can be met. Specifically, the request is for two requirements that will be met by December 30, 2010, versus the March 31, 2010, deadline to. Being granted this exemption for the two items will allow the licensee to complete the modifications designed to meet or exceed the noted regulatory requirements.
3.0 DISCUSSION OF PART 73 SCHEDULE EXEMPTIONS FROM THE MARCH 31, 2010, FULL IMPLEMENTATION DATE Pursuant to 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. Pursuant to 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, as noted above, allows an extension from March 31, 2010, until December 30, 2010, to allow for temporary noncompliance with the new rule in two specific areas. 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 licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions 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. From this, it is clear that the Commission wanted to provide a reasonable timeframe for licensees to achieve full compliance.
As noted in the final rule, the Commission also anticipated that licensees would have to conduct site specific analyses to determine what changes were necessary to implement the rules 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 generic industry request to extend the rules compliance date for all operating nuclear power plants, but noted that the Commissions 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). The licensees request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009, letter.
HBRSEP Schedule Exemption Request The licensee provided detailed information in Attachment 1 of its November 30, 2009, letter requesting an exemption. It describes a comprehensive plan to upgrade the security capabilities of its HBRSEP site and provides a timeline for achieving full compliance with the new regulation. Attachment 1 contains proprietary information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot be in compliance by the March 31, 2010, deadline and why the site cannot be in compliance, the required changes to the sites security configuration, and a timeline with critical path activities that will bring the licensee into full compliance by December 30, 2010. The timeline provides dates indicating when construction will begin on various phases of the project and when critical equipment will be ordered, installed, tested and become operational.
Notwithstanding the schedular exemptions for these limited requirements, the licensee will continue to be in compliance with all other applicable physical security requirements as described in 10 CFR 73.55 and reflected in its current NRC approved physical security program.
Furthermore, the security measures for which HBRSEP needs additional time to implement are in addition to those required by the security orders issued in response to the events of September 11, 2001. By December 30, 2010, HBRSEP will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The staff has reviewed the licensees submittal and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to December 30, 2010, with regard to two specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to10 CFR 73.5, an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger
life or property or the common defense and security, and is otherwise in the public interest.
Therefore, the Commission hereby grants the requested exemption.
The NRC staff has determined that the long-term benefits that will be realized when the associated HBRSEP site modifications are complete justify exceeding the full compliance date with regard to the two specific requirements of 10 CFR 73.55 in the case of this particular licensee. Therefore, the NRC concludes that the licensees actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption.
As per the licensee's request and the NRC's regulatory authority to grant an exemption from the March 31, 2010, deadline for the two items specified in Attachment 1 of the licensees letter dated November 30, 2009, the licensee is required to be in full compliance by December 30, 2010. 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.
Pursuant to 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 8410, February 24, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of March 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
