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Category:Federal Register Notice
MONTHYEARML24018A0802024-01-22022 January 2024 Individual Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd, and Opportunity for a Hearing (EPID L-2024-LLA-0007) (Federal Register Notice) ML24018A0792024-01-22022 January 2024 Individual Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd and Opportunity for a Hearing (EPID L-2024-LLA-0007) (Letter) ML21244A4282021-09-0909 September 2021 FRN - Notice of Issuance of COVID-19 Exemption Issued in August 2021 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 ML19207A4032019-07-26026 July 2019 FRN: General Notice. Confirmatory Order Issuance Wolf Creek Nuclear Operating Corporation ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 NRC-2017-0217, FRN Regarding Indirect Transfer of License (CAC No. MG0235; EPID L-2017-LLM-0005)2018-03-19019 March 2018 FRN Regarding Indirect Transfer of License (CAC No. MG0235; EPID L-2017-LLM-0005) ML18047A1732018-03-19019 March 2018 FRN Regarding Indirect Transfer of License (CAC No. MG0235; EPID L-2017-LLM-0005) ML17286A1802017-11-0808 November 2017 FRN - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing-FRN (CAC No. MG0235) EPID: L-2017-LLM-0005 ML17286A1572017-11-0808 November 2017 Letter - Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing (CAC No. MG0235; EPID L-2017-LLM-0001) ML17248A2262017-09-15015 September 2017 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: October 3, 2017 ML17153A3782017-06-19019 June 2017 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: July 5, 2017 NRC-2017-0142, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: July 5,2017-06-19019 June 2017 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: July 5, 2017 ML17086A4272017-04-11011 April 2017 FRN Regarding Order Approving Indirect Transfer of Control of Renewed Facility Operating License NPF-42 ML16287A5862016-11-0808 November 2016 FRN, Acknowledgement of Application for Consent for Indirect Transfer of Control of License ML16287A5792016-11-0808 November 2016 Letter, Acknowledgement of Application for Consent for Indirect Transfer of Control of License ML16229A2552016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 NRC-2016-0180, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 20162016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 NRC-2016-0161, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 20162016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 ML16215A2272016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 ML16179A4412016-08-0202 August 2016 FRN: Exemption, Issuance. Wolf Creek Generating Station Request for Exemption from 10 CFR 50.46 and Appendix K to Allow Use of Optimized Zirlo as Approved Fuel Rod Cladding NRC-2016-0162, FRN: Exemption, Issuance. Wolf Creek Generating Station Request for Exemption from 10 CFR 50.46 and Appendix K to Allow Use of Optimized Zirlo as Approved Fuel Rod Cladding2016-08-0202 August 2016 FRN: Exemption, Issuance. Wolf Creek Generating Station Request for Exemption from 10 CFR 50.46 and Appendix K to Allow Use of Optimized Zirlo as Approved Fuel Rod Cladding ML16179A4402016-08-0202 August 2016 Letter, Request for Exemption from 10 CFR 50.46 and Appendix K to Allow Use of Optimized Zirlo as Approved Fuel Rod Cladding ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML14254A0042014-09-12012 September 2014 Letter, Individual 14-Day Notice of Consideration of Issuance of Amendment, Revise Technical Specification 3.4.15, RCS Leakage Detection Instrumentation, Completion Time Extension (Exigent Circumstances) ML14233A2082014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 NRC-2014-0193, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 20142014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14195A1222014-07-0303 July 2014 Federal Register Notice Withdrawing Regulatory Guide 10.1, Compilation of Reporting Requirements for Persons Subject to NRC Regulations. NRC-2014-0144, Federal Register Notice Withdrawing Regulatory Guide 10.1, Compilation of Reporting Requirements for Persons Subject to NRC Regulations.2014-07-0303 July 2014 Federal Register Notice Withdrawing Regulatory Guide 10.1, Compilation of Reporting Requirements for Persons Subject to NRC Regulations. ML14176A5202014-06-25025 June 2014 FRN, Withdrawal of License Amendment Request to Approve Transition to Westinghouse Core Design and Safety Analysis and Adoption of Full Scope Alternate Source Term NRC-2014-0054, FRN, Withdrawal of License Amendment Request to Approve Transition to Westinghouse Core Design and Safety Analysis and Adoption of Full Scope Alternate Source Term2014-06-25025 June 2014 FRN, Withdrawal of License Amendment Request to Approve Transition to Westinghouse Core Design and Safety Analysis and Adoption of Full Scope Alternate Source Term ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML12235A4032012-09-0505 September 2012 Notice of Withdrawal of Amendment Request Revision to Technical Specification 5.6.5, Core Operating Limits Report (Colr), for Large Break Loss-of-Coolant Accident Analysis Methodology NRC-2012-0212, Notice of Withdrawal of Amendment Request Revision to Technical Specification 5.6.5, Core Operating Limits Report (Colr), for Large Break Loss-of-Coolant Accident Analysis Methodology2012-09-0505 September 2012 Notice of Withdrawal of Amendment Request Revision to Technical Specification 5.6.5, Core Operating Limits Report (Colr), for Large Break Loss-of-Coolant Accident Analysis Methodology ML12235A3972012-09-0505 September 2012 LTR - Withdrawal of Amendment Request Revision to Technical Specification 5.6.5, Core Operating Limits Report (Corl) for Large Break Loss-of-Coolant Accident Analysis Methodology 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 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 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 ML1022501962010-08-20020 August 2010 Letter, Notice of Withdrawal of License Amendment Request to Revise Technical Specification 3.8.1, AC Sources-Operating, for Note, Required Actions and Completion Times ML1022502062010-08-20020 August 2010 Notice of Withdrawal of License Amendment Request to Revise Technical Specification 3.8.1, AC Sources-Operating, for Note, Required Actions and Completion Times NRC-2010-0032, Wolf Creek Generating Station - Exemption from Requirements of 10 CFR Part 73 Implementation Deadline for Physical Security Plans2010-02-26026 February 2010 Wolf Creek Generating Station - Exemption from Requirements of 10 CFR Part 73 Implementation Deadline for Physical Security Plans ML1002501912010-02-26026 February 2010 Exemption from Requirements of 10 CFR Part 73 Implementation Deadline for Physical Security Plans ML1002502062010-02-26026 February 2010 Exemption from Requirements of 10 CFR Part 73 Implementation Deadline for Physical Security Plans ML1001100992010-01-27027 January 2010 Environmental Assessment and Finding of No Significant Impact, Related to 10 CFR Part 73 Exemption Request ML0829507472008-11-20020 November 2008 Federal Register Notice for Wolf Creek Generating Station, Unit 1 Notice of Issuance of Renewed Facility Operating License No. NPF-42 for an Additional 20- Year Period ML0822506542008-08-18018 August 2008 Federal Register Notice - 555th Meeting of the Advisory Committee on Reactor Safeguards, September 4-6, 2008 ML0804501852008-02-28028 February 2008 Withdrawal of License Amendment Request on Steam Generator Tube Inspections ML0804504682008-02-19019 February 2008 Federal Register Notice Regarding the Meeting of the ACRS Subcommittee on Wolf Creek Plant License Renewal Application, March 5, 2008 2024-01-22
[Table view] Category:Letter
MONTHYEARML24025A0992024-01-25025 January 2024 Withdrawal of Request for Exemption from Specific 10 CFR Part 73 Requirements ML24018A0792024-01-22022 January 2024 Individual Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd and Opportunity for a Hearing (EPID L-2024-LLA-0007) (Letter) ML24018A1382024-01-18018 January 2024 Inservice Inspection Request for Information ML24018A2482024-01-18018 January 2024 License Amendment Request to Modify the Implementation Date of License Amendment No. 238 IR 05000482/20230042024-01-11011 January 2024 Integrated Inspection Report 05000482/2023004 ML23356A0722024-01-0404 January 2024 Supplemental Information Needed for Acceptance of Requested Licensing Actions Exemption from Specific 10 CFR Part 73N Requirements (EPID L-2023-LLE-0048) (Redacted Version) WO 23-0002, Operating Corp., Summary of Actions Implemented for EA-18-165, Confirmatory Order, NRC Inspection Report 05000482/2019010 and NRC Investigation Report 4-2018-0082023-12-26026 December 2023 Operating Corp., Summary of Actions Implemented for EA-18-165, Confirmatory Order, NRC Inspection Report 05000482/2019010 and NRC Investigation Report 4-2018-008 ML23348A3662023-12-18018 December 2023 Notification of an NRC Fire Protection Baseline Inspection (NRC Inspection Report 05000482 2024012) and Request for Information ML23334A2502023-11-30030 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23299A2662023-11-29029 November 2023 Issuance of Amendment No. 238 Modified Implementation Date of License Amendment No. 237 ML23331A4972023-11-27027 November 2023 Supplement to License Amendment Request to Modify the 90-Day Implementation of License Amendment No. 237 ML23325A2112023-11-20020 November 2023 Submittal of Request for Exemption from Specific Provisions in 10 CFR 73.55 ML23320A2772023-11-16016 November 2023 License Amendment Request to Revise Ventilation Filter Testing Program Criteria in Technical Specification 5.5.11.b and Administrative Correction of Absorber in Technical Specification 5.5.11 ML23311A2082023-11-0909 November 2023 Reassignment of U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch IV ML23305A3472023-11-0101 November 2023 Revision of One Form That Implements the Radiological Emergency Response Plan (RERP) ML23292A3592023-10-19019 October 2023 License Amendment Request to Modify the 90-Day Implementation of License Amendment No. 237 ML23292A3572023-10-19019 October 2023 Operating Corporation, Request for Correction in Response to Issuance of Amendment No. 237 and Corresponding Safety Evaluation ML23277A2772023-10-11011 October 2023 Regulatory Audit Summary Concerning Review of Request Number CI3R-01 for Proposed Alternative Inspection Frequency for Containment Unbonded Post Tensioning System Components ML23284A2392023-10-11011 October 2023 NRC Initial Operator Licensing Examination Approval 05000482/2023301 ML23276B4552023-10-0303 October 2023 Technical Specification 5.6.8 Post Accident Monitoring (PAM) Report ML23264A8682023-09-21021 September 2023 Independent Spent Fuel Storage Installation Registration of Dry Storage Canister WC-EOS-37PTH-008-B4L, WC-EOS-37PTH-007-B4L, and WC-EOS-37PTH-002-B4L ML23256A2062023-09-14014 September 2023 Withdrawal of Requested Licensing Action Exemption from Specific 10 CFR Part 73 Requirements ML23165A2502023-08-31031 August 2023 Issuance of Amendment No. 237 Request for Deviation from Fire Protection Requirements ML23243A0002023-08-31031 August 2023 Wolf Generating Station - Withdrawal of Request for Exemption from Specific 10 CFR Part 73 Requirements IR 05000482/20230052023-08-23023 August 2023 Updated Inspection Plan for Wolf Creek Nuclear Operating Corporation, Unit 1 (Report 05000482/2023005) - Mid-Cycle Letter 2023 ML23232A0012023-08-19019 August 2023 Revision of One Procedure That Implements the Radiological Emergency Response Plan (Rerp). Includes EPP 06-009, Rev. 13 ML23221A3932023-08-0909 August 2023 Submittal of Request for Exemption from Specific 10 CFR Part 73 Requirements ML23220A4222023-08-0808 August 2023 Supplement to License Amendment Request (LAR) for Deviation from Fire Protection Program Requirements ML23201A1212023-08-0707 August 2023 Issuance of Amendment No. 236 Revision to Technical Specifications to Adopt TSTF-554, Revise Reactor Coolant Leakage Requirements ML23130A2902023-07-26026 July 2023 Issuance of Amendment No. 235 Revision to Technical Specifications to Adopt TSTF-577, Revised Frequencies for Steam Generator Tube Inspections IR 05000482/20230022023-07-11011 July 2023 Integrated Inspection Report 05000482/2023002 ML23167A0042023-06-26026 June 2023 Audit Plan to Support Review of Request for Alternative Containment Inservice Inspection Frequency IR 05000482/20234012023-06-21021 June 2023 Security Baseline Inspection Report 05000482/2023401 ML23171B1312023-06-20020 June 2023 Additional Supplement to License Amendment Request to Adopt TSTF-577-A, Revision 1, Revised Frequencies for Steam Generator Tube Inspections ML23151A4162023-05-31031 May 2023 Revision of One Form That Implements the Radiological Emergency Response Plan (RERP) for Wolf Creek Generating Station (WCGS) ET 23-0006, CFR 50.55a Request Number CI3R-01 for the Third Containment Inservice Inspection Program Interval for Proposed Alternative Frequency to Containment Unbonded Post-Tensioning System Components2023-05-17017 May 2023 CFR 50.55a Request Number CI3R-01 for the Third Containment Inservice Inspection Program Interval for Proposed Alternative Frequency to Containment Unbonded Post-Tensioning System Components WO 23-0014, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-05-17017 May 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23132A1532023-05-12012 May 2023 Transmittal of 2022 Annual Financial Reports WM 23-0009, Financial Assurance Requirements for Decommissioning Nuclear Power Reactors 10 CFR 50.75(f)(1)2023-05-10010 May 2023 Financial Assurance Requirements for Decommissioning Nuclear Power Reactors 10 CFR 50.75(f)(1) ML23135A1172023-05-0808 May 2023 Redacted Version of Revision 36 to Updated Safety Analysis Report ML23117A2112023-04-27027 April 2023 Annual Exposure Report (2022) ML23117A1342023-04-27027 April 2023 2022 Annual Radioactive Effluent Release Report Report 46 2024-01-04
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 26, 2010 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839 SUB..IECT: WOLF CREEK GENERATING STATION - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 IMPLEMENTATION DEADLINE FOR PHYSICAL SECURITY PLANS (TAC NO. ME2939)
Dear Mr. Muench:
The U.S. Nuclear Regulatory Commission (NRC) has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 73, Section 73.55, for the Wolf Creek Generating Station (WCGS). This action is in response to the Wolf Creek Nuclear Operating Corporation's (the licensee's) application dated December 15, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100070503). Portions of the December 15, 2009, submittal contain security-related and safeguards information and, accordingly, is being withheld from the public. The redacted version of the December 15, 2009, letter was submitted by the licensee on January 12, 2010 (ADAMS Accession No. ML100250025), and is available to the public.
The licensee requested NRC approval of an exemption from March 31, 2010, implementation date for certain security requirements of 10 CFR Part 73, "Physical protection of plants and materials," for WCGS, issued by NRC in a Final Rule dated March 27, 2009 (74 FR 13926).
The proposed exemption would allow an extension from the March 31, 2010, implementation date for two specific requirements, until December 31, 2010.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely, bq. , vv e..-\ k:'- 2::> \~ ~
Balwant K. Singal, Senior ProjecrManager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482
Enclosure:
Exemption cc w/encl: Distribution via Listserv
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION WOLF CREEK NUCLEAR OPERATING CORPORATION WOLF CREEK GENERATING STATION DOCKET NO. 50-482 EXEMPTION
1.0 BACKGROUND
Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee) is the holder of Renewed Facility Operating License No. NPF-42, which authorizes the operation of the Wolf Creek Generating Station (WCGS). 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 one pressurized-water reactor located in Coffey County, Kansas.
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 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 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
-2 gained from implementation of the post September 11, 2001, security orders. It is from two of these additional requirements that WCGS 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 December 15, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." Portions of the December 15, 2009, submittal contain security-related and safeguards information and, accordingly, is being withheld from the public.
The redacted version of the December 15, 2009, letter was submitted by the licensee on January 12, 2010, and is available to the public (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100250025). 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 to extend the compliance date for two specific requirements from the current March 31, 2010, deadline to December 31,2010. Granting this exemption for the two items would allow the licensee to complete the modifications designed to incorporate substantial configuration changes and incorporate state-of-the-art technology 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
-3 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, would allow an extension from March 31, 2010, until December 31, 2010, for the implementation date for two specific requirements of the new 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 NRC approval of the licensee's exemption request 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 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 generic industry request to 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
-4 Accession No. ML091410404). 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.
WCGS Schedule Exemption Request The licensee provided detailed information in its letter dated December 15, 2009, requesting an exemption. The licensee describes a comprehensive plan to install equipment related to certain requirements in the new Part 73 rule and provides a timeline for ac~lieving full compliance with the new regulation. The submittal contains security-related and safeguards information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot achieve compliance by the March 31, 2010, deadline, justification for the extension request, a description of the required changes to the site's security configuration, and a timeline with critical path activities that would bring the licensee into full compliance by December 31, 2010. The timeline provides dates indicating when (1) the various phases of the project begin and end (i.e., design, field construction and (2) critical equipment will be ordered, installed, tested and become operational.
Notwithstanding the scheduler 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.
By December 31, 2010, WCGS will be in full compliance with the regulatory requirements of 10 CFR 73.55, as issued 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 compliance date to December 31, 2010, for two specified requirements of 10 CFR 73.55.
- 5 Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, "Specific exemptions," 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 required exemption.
The long-term benefits that will be realized when the WCGS equipment installation is complete justifies exceeding the full compliance date in the case of this particular licensee. The security measures that WCGS needs additional time to implement, are new requirements imposed by March 27,2009, amendments to 10 CFR 73.55, and are in addition to those required by the security orders issued in response to the events of September 11, 2001.
Therefore, it is concluded that the licensee's 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 requirements specified in WCNOC letter dated December 15, 2009, the licensee is required to be in full compliance by December 31,2010. 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.
-6 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 5631; February 3, 2010).
This exemption is effective upon issuance.
th Dated at Rockville, Maryland, this 25 day of February 2010.
FOR THE NUCLEAR REGULATORY COMMISSION Allen G. Howe, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
February 26, 2010 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839
SUBJECT:
WOLF CREEK GENERATING STATION - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 IMPLEMENTATION DEADLINE FOR PHYSICAL SECURITY PLANS (TAC NO. ME2939)
Dear Mr. Muench:
The U.S. Nuclear Regulatory Commission (NRC) has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 73, Section 73.55, for the Wolf Creek Generating Station (WCGS). This action is in response to the Wolf Creek Nuclear Operating Corporation's (the licensee's) application dated December 15, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100070503). Portions of the December 15, 2009, submittal contain security-related and safeguards information and, accordingly, is being withheld from the public. The redacted version of the December 15, 2009, letter was submitted by the licensee on January 12, 2010 (ADAMS Accession No. ML100250025), and is available to the public.
The licensee requested NRC approval of an exemption from March 31,2010, implementation date for certain security requirements of 10 CFR Part 73, "Physical protection of plants and materials," for WCGS, issued by NRC in a Final Rule dated March 27, 2009 (74 FR 13926).
The proposed exemption would allow an extension from the March 31,2010, implementation date for two specific requirements, until December 31, 2010.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RAJ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482
Enclosure:
Exemption cc w/encl: Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrDorlLpl4 Resource RidsOgcRp Resource LPLIV r/f RidsNrrPMWolfCreek Resource RidsRgn4MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrLAJBurkhardt Resource DGordon, NSIR/DSP/RSRLB RidsNrrDorlDpr Resource RidsNsirDsp Resource LTrocine, EDO RIV ADAMS Accession Nos.: Letter: ML100250191, Exemption: ML100250206 memo date d OFFICE NRRlDORULPL4/PM NRRlDORULPL4/LA NSIRIDSP/RSRLB/BC NSIRIDSP/DDRS/DD NSIRIDSP/C NAME BSingal JBurkhardt DHuyck* SMorris RCorreia DATE 1/28/10 1/28/10 1/14/10 2/1/10 Not Required OFFICE OGC NRR/DORULPL4/BC NRRlDORUD NRRlDORULPL4/PM NAME DRoth MMarkley JGiitter AHowe for BSingal DATE 2/3/10 2/22/10 2/26/10 2/26/10 OFFICIAL RECORD COpy