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Category:Federal Register Notice
MONTHYEARML23272A1562023-10-0505 October 2023 Federal Register Notification of Amendment to Renewed Facility Operating License and Proposed No Significant Hazards Consideration Determination (Exigent Circumstances) (EPID L-2023-LLA-0134) FRN ML23223A2242023-08-29029 August 2023 Individual Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing (Exigent Circumstances) ML22004A2302022-01-20020 January 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in December 2021 ML21188A3562021-08-0606 August 2021 FRN - Notice of Issuance of COVID-19 Exemption Issued in June 2021 ML21123A0842021-05-19019 May 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in April 2021 ML21028A0122021-02-18018 February 2021 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for January 2021 ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 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-2017-0238, 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 ML16270A5552016-12-15015 December 2016 FRN for Issuance of Renewed Operating License for Fermi, Unit 2 ML16244A0972016-09-21021 September 2016 FRN: License Renewal Application for Fermi 2 Nuclear Power Plant NRC-2016-0107, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 20162016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 2016 ML16145A2252016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 2016 ML16033A0792016-02-0303 February 2016 Federal Register Notice Regarding the ACRS Plant License Renewal Subcommittee Meeting, March 2, 2016 (Fermi) ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15295A1742015-10-29029 October 2015 FRN for Fermi 2 Draft SEIS 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 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14303A3812014-10-31031 October 2014 Biweekly Sholly FRN - Application and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: November 12, 2014 ML14161A0162014-06-20020 June 2014 Nuclear Regulatory Commission: (Docket No. 50-341; NRC-2014-0109) DTE Electric Company; Fermi, Unit 2 (FRN) ML14150A3402014-06-11011 June 2014 FRN Acceptability and Opportunity Request Hearing Enclosure 2 with OGC Comments Rev 1 ML14098A2842014-05-0505 May 2014 License Renewal Application; Notice of Receipt and Availability ML14051A6712014-03-0404 March 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 2014 NRC-2014-0037, FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 20142014-03-0404 March 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 2014 ML14037A4142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 NRC-2014-0028, Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 20142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12056A0432012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark II Containments 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-2012-0069, Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments 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-2011-0230, FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations2011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations ML1126504892011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations 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 NRC-2011-0215, Fermi - Environmental Assessment Fr Notice2011-09-0606 September 2011 Fermi - Environmental Assessment Fr Notice ML1123108752011-09-0606 September 2011 Environmental Assessment and Finding of No Significant Impact ML1123109182011-09-0606 September 2011 Environmental Assessment Fr Notice 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 ML1112903592011-05-23023 May 2011 Scheduler Exemption from Certain Requirements of 10 CFR Part 73, Section 73.55 ML1121606572010-12-31031 December 2010 Attachment I: Pud No 1 V. Wdoe ML1121606382010-12-31031 December 2010 Attachment C: Olmstead Falls V. EPA ML1121606312010-12-31031 December 2010 Attachment 4: Tacoma V. FERC ML1121606372010-12-31031 December 2010 Attachment B: Edf V. Alexander 2023-08-29
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7590-01-P NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY FERMI 2 DOCKET NO. 50-341
[NRC-2010-0099]
EXEMPTION
1.0 BACKGROUND
Detroit Edison Company (the licensee) is the holder of Facility Operating License No. NPF-43, which authorizes operation of Fermi 2. 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 boiling-water reactor located in Monroe County, Michigan.
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
five of these new requirements that Fermi 2 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 19, 2009, as supplemented by letter dated December 23, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, Specific exemptions. The licensees November 19, 2009, and December 23, 2009, letters, have certain portions which contain proprietary and safeguards information and, accordingly, are 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 to extend the compliance date for five requirements that would be in place by May 31, 2011, versus the March 31, 2010, deadline. Being granted this exemption for the five requirements would allow the licensee to complete the modifications designed to update aging equipment 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 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 exemption, as noted above, would allow an extension from March 31, 2010, to May 31, 2011, for the implementation date for five specified areas of the new rule. The NRC staff has determined that granting of the licensees proposed exemption would 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 power reactor security 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 any such 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.
Fermi 2 Schedule Exemption Request The licensee provided detailed information in Enclosures 1 and 2 of its supplemental submittal to its November 19, 2009, letter, requesting an exemption. It describes a comprehensive plan which provides a timeline for achieving full compliance with the new
regulation. Enclosures 1 and 2 contain 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 required changes to the sites security configuration, and a timeline with critical path activities that will enable the licensee to achieve full compliance by May 31, 2011. The timeline provides dates indicating when (1) construction will begin on various phases of the project (i.e., new buildings and fences), and (2) critical equipment will be installed, tested and become operational.
Notwithstanding the schedule exemptions of these limited requirements, the licensee indicated that it 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 May 31, 2011, the licensee also stated that Fermi 2 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 licensees submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to May 31, 2011, with regard to five specified requirements of 10 CFR 73.55.
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 requested exemption. The NRC staff has determined that the long-term benefits that will be realized when the Fermi 2 modifications are completed justifies exceeding the full compliance date in the case of this particular licensee. The security measures Fermi 2 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 currently required by the security orders issued in response to the events of
September 11, 2001. 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 licensees request and the NRCs regulatory authority to grant an exemption from the March 31, 2010, deadline for the five requirements specified in Enclosure 1 of the Detroit Edison letter dated December 23, 2009, the licensee is required to be in full compliance by May 31, 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.
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 11946; dated March 12, 2010].
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 19th day of March, 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Allen G. Howe, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation