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Category:Exemption from NRC Requirements
MONTHYEARML21340A2452021-12-0909 December 2021 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0053 (COVID-19)) NRC-21-0057, Work Hour Limits Exemption Request Due to COVID-192021-12-0606 December 2021 Work Hour Limits Exemption Request Due to COVID-19 NRC-21-0036, DTE Electric Company - Request for Exemption from 10 CFR 72.44(d)(3) for Fermi 22021-07-27027 July 2021 DTE Electric Company - Request for Exemption from 10 CFR 72.44(d)(3) for Fermi 2 ML21159A0542021-06-17017 June 2021 Temporary Exemption from Biennial Emergency Preparedness Exercise Frequency Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2021-LLE-0029 (COVID-19) NRC-21-0031, Request for Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic2021-05-17017 May 2021 Request for Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic ML21109A3742021-04-22022 April 2021 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0025 (COVID-19)) NRC-21-0027, Work Hour Limits Exemption Request Due to COVID-192021-04-19019 April 2021 Work Hour Limits Exemption Request Due to COVID-19 ML21005A4212021-01-13013 January 2021 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0002 (COVID-19)) ML21004A1952021-01-0404 January 2021 Work Hour Limits Exemption Request Due to COVID-19 - Supplement ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20343A3502020-12-18018 December 2020 Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(l)(1) (EPID L-2020-LLE-0204 (COVID-19)) ML20332A1792020-12-0808 December 2020 Temporary Exemption from Biennial Emergency Preparedness Exercise Frequency Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0188 (COVID-19)) ML20317A2722020-11-18018 November 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0187 (COVID-19)) NRC-20-0071, Request for Exemption from the Annual Force on Force Training Requirements of 10 CFR 73, Appendix B, Section VI, Due to the COVID-19 Public Health Emergency2020-11-13013 November 2020 Request for Exemption from the Annual Force on Force Training Requirements of 10 CFR 73, Appendix B, Section VI, Due to the COVID-19 Public Health Emergency NRC-20-0070, Work Hour Limits Exemption Request Due to COVID-192020-11-10010 November 2020 Work Hour Limits Exemption Request Due to COVID-19 ML20226A1162020-09-11011 September 2020 Temporary Exemption from the Annual Force-on-Force Training Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0128) (COVID-19) ML20192A1802020-07-14014 July 2020 Extension of Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0109 (COVID-19)) NRC-20-0049, Work Hour Limits Exemption Request Due to COVID-19 Revised Second Supplement2020-07-11011 July 2020 Work Hour Limits Exemption Request Due to COVID-19 Revised Second Supplement NRC-20-0048, Work Hour Limits Exemption Request Due to COVID-19 Second Supplement2020-07-10010 July 2020 Work Hour Limits Exemption Request Due to COVID-19 Second Supplement NRC-20-0045, Work Hour Limits Exemption Request Due to COVID-19 Supplement2020-07-0606 July 2020 Work Hour Limits Exemption Request Due to COVID-19 Supplement ML20133K0552020-05-14014 May 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0056 (COVID-19)) ML1112903592011-05-23023 May 2011 Scheduler Exemption from Certain Requirements of 10 CFR Part 73, Section 73.55 NRC-2010-0388, Fed Notice - Fermi 2 Exemption Notice2010-12-27027 December 2010 Fed Notice - Fermi 2 Exemption Notice ML1034303952010-12-27027 December 2010 Exemption from the Requirement of 10 CFR Part 50, Appendix E, Section IV.F.2.b ML1034304212010-12-27027 December 2010 Fed Notice - Fermi 2 Exemption Notice ML1003502252010-03-19019 March 2010 Scheduler Exemption from Certain Requirements of 10 CFR Part 73, Section 73.55 ML0731104822007-12-17017 December 2007 Exemption from the Requirements of 10 CFR 74.19(c) Regarding the Frequency of Physical Inventory of Special Nuclear Material in the Spent Fuel Pool, TAC MD5416 2021-07-27
[Table view] 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
[Table view] Category:Letter
MONTHYEARIR 05000341/20230042024-02-0505 February 2024 Integrated Inspection Report 05000341/2023004 ML23341A1852023-12-0808 December 2023 Acknowledgement of Response to NRC Inspection Report 05000341/2023402 and Disputed Non-Cited Violation ML23310A1492023-12-0808 December 2023 Issuance of Amendment No. 227 Regarding Revision of Technical Specification 3.8.1, AC Sources - Operating, Emergency Diesel Generator Voltage and Frequency Surveillance Requirements IR 05000341/20230102023-12-0808 December 2023 Nbsp;Biennial Problem Identification and Resolution Inspection Report 05000341/2023010 IR 05000016/20230012023-12-0101 December 2023 NRC Inspection Report No. 050-00016/2023-001 (Drss) - Enrico Fermi Atomic Power Plant, Unit 1 ML23334A1902023-12-0101 December 2023 Request for Information for an NRC Post-Approval Site Inspection for License Renewal Inspection Report 05000341/2024010 ML23335A0062023-12-0101 December 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000341/2024002 IR 05000341/20230032023-11-0707 November 2023 Integrated Inspection Report 05000341/2023003 and 07200071/2023001 ML23297A0512023-10-30030 October 2023 Issuance of Amendment No. 226 Regarding Revision of Technical Specifications 3.8.1, AC Sources - Operating (Exigent Circumstances) ML23311A3482023-10-20020 October 2023 DTE Electric Company (DTE) - Submittal of the Renewed Fermi 3 Michigan Department of Environmental, Great Lakes, and Energy (EGLE) National Pollutant Discharge Elimination System (NPDES) Permit No. MI0058892 ML23272A1552023-10-10010 October 2023 Letter to Licensee and Federal Register Notification of Amendment to Renewed Facility Operating License and Proposed No Significant Hazards Consideration Determination (Exigent Circumstances) (EPID L-2023-LLA-0134) (Letter) ML23283A0222023-10-0909 October 2023 Follow Up to Fermi Unit 2 Inservice Testing (IST) Program for the Fourth 10-Year Inspection Interval ML23276B4542023-10-0505 October 2023 Cyber Security Inspection Report 05000341/2023402 ML23243A8852023-09-18018 September 2023 Issuance of Amendment No. 225 Regarding Revision of Technical Specifications 3.7.2, Emergency Equipment Cooling Water, Emergency Equipment Service Water and System and Ultimate Heat Sink (Exigent Circumstances) ML23248A2242023-09-0707 September 2023 Regulatory Audit in Support of Review of License Amendment Request for a Risk-Informed Approach for Addressing the Effects of Debris on ECCS Strainer Performance 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) ML23237B4332023-08-25025 August 2023 Notification of an NRC Biennial Licensed Operator Requalification Program Inspection and RFI IR 05000341/20230052023-08-24024 August 2023 Updated Inspection Plan for Fermi Power Plant, Unit 2 (Report 05000341/2023005) ML23229A0122023-08-17017 August 2023 Issuance of Amendment No. 224 to Revise Technical Specifications to Adopt TSTF-568, Revise Applicability of BWR TS 3.6.2.5 and TS 3.6.3.2 (Emergency Circumstances) IR 05000341/20233012023-08-16016 August 2023 NRC Initial License Examination Report 05000341/2023301 ML23227A2212023-08-15015 August 2023 Emergency Application to Revise Technical Specifications to Adopt TSTF 568, Revise Applicability of BWR TS 3.6.2.5 and TS 3.6.3.2 ML23219A1792023-08-0707 August 2023 Information Request to Support Upcoming Problem Identification and Resolution Inspection at Fermi Power Plant, Unit 2 IR 05000341/20230022023-08-0404 August 2023 Integrated Inspection Report 05000341/2023002 ML23216A1872023-08-0404 August 2023 Submittal of Relief Request RR-A25 for Extended License Period ML23206A1272023-07-26026 July 2023 NOED for Fermi Power Plant, Unit Two Technical Specification 3.7.2, Emergency Equipment Cooling Water Emergency Equipment Service Water System and Ultimate Heat Sink ML23200A2552023-06-28028 June 2023 Post-Exam Letter with Comments and Exam Analysis IR 05000341/20230012023-06-28028 June 2023 Integrated Inspection Report 05000341/2023001 ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III ML23122A2332023-06-26026 June 2023 Issuance of Amendment No. 223 Regarding Revision of Technical Specifications to Adopt TSTF-582, Reactor Pressure Vessel Water Inventory Control (RPV WIC) Enhancements IR 05000341/20220102023-06-21021 June 2023 Reissue Fermi Power Plant, Unit 2, Design Basis Assurance Inspection (Teams) Inspection Report 05000341/2022010 ML23166A0892023-06-15015 June 2023 Operator Licensing Examination Approval Fermi Power Plant, June 2023 ML23158A1332023-06-0808 June 2023 Notice of Enforcement Discretion (NOED) for Fermi Power Plant, Unit Two (EPID L-2023-LLD-0000) Technical Specification 3.7.2, Emergency Equipment Cooling Water (Eecw)/ Emergency Equipment Service Water (Eesw) System and Ultimate Heat Sink ML23130A1032023-05-17017 May 2023 Regulatory Audit Summary Regarding License Amendment Request to Revise Technical Specification Surveillance Requirements Relating to Emergency Diesel Generator Voltage and Frequency IR 05000341/20234022023-05-0101 May 2023 Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection 05000341/2023402 ML23118A3612023-05-0101 May 2023 Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection 05000341/2023402 ML23114A1172023-05-0101 May 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection ML23115A4152023-04-25025 April 2023 Information Meeting with a Question and Answer Session to Discuss NRC 2022 End-of-Cycle Plant Performance Assessment of Fermi Power Plant, Unit 2 ML23124A2032023-04-10010 April 2023 DTE Electric Company Submittal of Fermi 3 Periodic Reports ML23200A1842023-04-0606 April 2023 Proposed Exam Submittal Letter IR 05000341/20230112023-04-0606 April 2023 Triennial Fire Protection Inspection Report 05000341/2023011 IR 05000341/20234012023-03-17017 March 2023 Security Baseline Inspection Report 05000341/2023401 ML23074A1972023-03-16016 March 2023 Confirmation of Initial License Examination February 2024 IR 05000341/20220062023-03-0101 March 2023 Annual Assessment Letter for Fermi Power Plant, Unit 2 (Report 05000341/2022006) ML22361A1022023-02-24024 February 2023 Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities ML22325A2992023-02-24024 February 2023 Audit Plan in Support of Review of License Amendment Request to Revise Technical Specification Surveillance Requirements Relating to Emergency Diesel Generator Voltage and Frequency ML23039A1552023-02-14014 February 2023 Integrated Inspection Report 05000341/2022004 IR 05000341/20224032023-02-13013 February 2023 Security Baseline Inspection Report 05000341/2022403 ML23200A2162023-01-20020 January 2023 Outline Submittal Letter 2024-02-05
[Table view] |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 19, 2010 Mr. Jack M. Davis Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166 SUB"IECT: FERMI 2 - SCHEDULER EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 (TAC NO. ME2656)
Dear Mr. Davis:
The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 73 for Fermi 2. This action is in response to your application dated November 19, 2009, as supplemented by letter dated December 23, 2009, that requested an extension of the deadline from March 31, 2010, until May 31, 2011, for the implementation of certain measures in 10 CFR Part 73, as revised on March 27, 2009.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely, Mahesh Chawla, Project Manager Plant Licensing Branch "1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341
Enclosure:
Exemption cc w/encl: Distribution via Listserv
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY FERMI 2 DOCKET NO. 50-341 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
-2 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 licensee's 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 qging 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.
-3 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 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 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 rule's 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 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). 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.
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
-4 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 site's 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 (Le., new buildinqs 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 licensee's 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
-5 September 11, 2001. Therefore, the NRC concludes 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 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 19t1}jay of March 2010.
FOR THE NUCLEAR REGULATORY COMMISSION Ii cZt~p(~~
Allen G. Howe, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
LTR: ML100350225 Exemption FRN: ML100350146 OFFICE DORLlLPL3-1/PM DORLlLPL3-1/LA DORULPL3-1/BC NSIR/DSP/RSLRLB/BC NAME MChawla BTuily RPascarelli DHuyck w/comments DATE 03/03/10 03/03/10 03/19/10 03/03/10 OFFICE NSIR/DSP/D OGC NRR/DORLlActing Director NAME SMorris w/several comments AJones NLO AHowe DATE 03/03/10 03/16/10 03/19/10