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Category:Federal Register Notice
MONTHYEARML21294A3762021-11-16016 November 2021 Federal Register Notice for Order Approving Indirect Transfer of Licenses ML21145A0142021-05-26026 May 2021 Fleet and the Associated Independent Spent Fuel Storage Installations - Extension of Comment Period for Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing EPID L-2021-L ML21145A0152021-05-26026 May 2021 FRN Exelon License Transfer - Extend Comment Period ML21102A0752021-04-28028 April 2021 Fleet - Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendments and Opportunity for a Hearing (FRN) ML20269A2002020-09-30030 September 2020 Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L2020-LLR-0117 ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20216A3742020-08-0505 August 2020 Letter with Withdrawal of an Amendment Request ML20146A0042020-07-21021 July 2020 Federal Register Notice - Exemption from the Requirements of Appendix J to 10 CFR Part 50 ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML20021A2232020-01-24024 January 2020 FRN - James A. Fitzpatrick Nuclear Power Plant - Individual Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License and Opportunity for a Hearing ML19295F0902019-11-0505 November 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/05/2019 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 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 ML18304A3042018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing NRC-2018-0262, Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing2018-11-23023 November 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding Exelon Generation Company, LLC License Amendment Request to Change Emergency Plan Staffing ML18184A2422018-07-0606 July 2018 Letter, Individual SUNSI Notice of Consideration of Issuance of Amendment, Revise Technical Specification 2.1.1, 'Reactor Core Sls, to Change Cycle 24 Safety Limit Minimum Critical Power Ratio Numeric Values NRC-2018-0140, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/20182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 ML18180A2182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 ML17240A0482017-11-0808 November 2017 FRN Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment NRC-2017-0177, FRN Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment2017-11-0808 November 2017 FRN Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment ML17221A0372017-08-14014 August 2017 Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment and Opportunity for a Hearing ML17221A0392017-08-14014 August 2017 Federal Register Notice of Consideration of Approval of Transfer or License and Conforming Amendment NRC-2017-0128, FRN Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Sig. Hazards Consideration Determination, and Opportunity for Hearing2017-05-24024 May 2017 FRN Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Sig. Hazards Consideration Determination, and Opportunity for Hearing ML17143A1172017-05-24024 May 2017 FRN Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Sig. Hazards Consideration Determination, and Opportunity for Hearing ML17041A2742017-03-0101 March 2017 Federal Register Notice - Order Approving Direct License Transfer of FitzPatrick Power Plant from Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. to Exelon Generation Company, LLC ML16336A5002017-01-27027 January 2017 Federal Register Notice of Issuance of Order for Mta Transfer of Indian Pt 3 and FitzPatrick to Entergy Nuclear Operations, Inc. NRC-2017-0015, Federal Register Notice of Issuance of Order for Mta Transfer of Indian Pt 3 and FitzPatrick to Entergy Nuclear Operations, Inc. (CAC Nos. MF8286 and MF8287)2017-01-27027 January 2017 Federal Register Notice of Issuance of Order for Mta Transfer of Indian Pt 3 and FitzPatrick to Entergy Nuclear Operations, Inc. (CAC Nos. MF8286 and MF8287) ML16244A7382016-10-20020 October 2016 FRN Regarding Exemption from the Requirements of 10 CFR Part 73, Sections 55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather NRC-2016-0221, FRN Regarding Exemption from the Requirements of 10 CFR Part 73, Sections 55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather2016-10-20020 October 2016 FRN Regarding Exemption from the Requirements of 10 CFR Part 73, Sections 55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather 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-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16243A0562016-09-0909 September 2016 FRN for License Transfer for FitzPatrick NPP: from ENO to Exelon ML16243A0552016-09-0909 September 2016 Notice of Consideration of Approval of Transfer of Renewed Facility Operating License and Conforming Amendment, and Opportunity for a Hearing - James A. Fitzpatrick Nuclear Power Plant NRC-2016-0071, FRN - Withdrawal of Amendment Request to Revise Technical Specification 5.5.6 for Extension of Type a and Type C Leak Rate Test Frequencies2016-03-29029 March 2016 FRN - Withdrawal of Amendment Request to Revise Technical Specification 5.5.6 for Extension of Type a and Type C Leak Rate Test Frequencies ML16082A4962016-03-29029 March 2016 Letter - Withdrawal of Amendment Request to Revise Technical Specification 5.5.6 for Extension of Type a and Type C Leak Rate Test Frequencies ML16082A4682016-03-29029 March 2016 FRN - Withdrawal of Amendment Request to Revise Technical Specification 5.5.6 for Extension of Type a and Type C Leak Rate Test Frequencies ML16004A1182016-01-0707 January 2016 FRN, Issuance of Confirmatory Orders, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15320A0212015-12-0808 December 2015 Cover Letter for Transmitting Final Fonsi EA Related to Preemption Authority Requests (Firearms) ML15177A2162015-10-22022 October 2015 James. a FitzPatrick Nuclear Power Plant - Draft Environmental Assessment ML15177A2082015-10-22022 October 2015 Draft Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests ML15162A6902015-08-27027 August 2015 G20130211 - Transmittal Letter to Petitioner Judson Regarding Final Director'S Decision for James A. FitzPatrick Power Plant, Pilgrim Nuclear Power Station and Vermont Yankee Nuclear Power Station 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 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 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 ML14205A3142014-07-28028 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Published July 22, 2014 ML14189A6652014-07-24024 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information - August 5, 2014 ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations 2021-05-26
[Table view] Category:Letter
MONTHYEARIR 05000333/20230042024-02-0707 February 2024 Integrated Inspection Report 05000333/2023004 and Independent Spent Fuel Storage Installation Inspection Report 07200012/2023001 ML24037A0102024-02-0606 February 2024 Requalification Program Inspection ML24018A0012024-01-18018 January 2024 Notification of Commercial Grade Dedication Inspection (05000333/2024010) and Request for Information ML24004A2302024-01-0808 January 2024 Project Manager Reassignment ML23356A0832024-01-0404 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0058 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines JAFP-23-0065, License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications2023-12-14014 December 2023 License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications IR 05000333/20234012023-12-0808 December 2023 Cybersecurity Inspection Report 05000333/2023401 (Cover Letter Only) RS-23-126, Request for Exemption from 10 CFR 2.109(b)2023-12-0707 December 2023 Request for Exemption from 10 CFR 2.109(b) JAFP-23-0069, Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements2023-12-0707 December 2023 Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements JAFP-23-0057, and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation JAFP-23-0064, Emergency Plan Document Revision2023-11-15015 November 2023 Emergency Plan Document Revision JAFP-23-0063, Registration of Spent Fuel Cask Use2023-11-13013 November 2023 Registration of Spent Fuel Cask Use IR 05000333/20230032023-11-13013 November 2023 Integrated Inspection Report 05000333/2023003 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums IR 05000333/20230102023-10-26026 October 2023 Biennial Problem Identification and Resolution Inspection Report 05000333/2023010 JAFP-23-0059, Registration of Spent Fuel Cask Use2023-10-24024 October 2023 Registration of Spent Fuel Cask Use IR 05000333/20233012023-10-19019 October 2023 Initial Operator Licensing Examination Report 05000333/2023301 RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans JAFP-23-0050, Physical Security Plan, Revision 242023-08-31031 August 2023 Physical Security Plan, Revision 24 JAFP-23-0048, Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-31031 August 2023 Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis IR 05000333/20230052023-08-31031 August 2023 Updated Inspection Plan for James A. FitzPatrick Nuclear Power Plant (Report 05000333/2023005) JAFP-23-0047, Correction to the 2022 Annual Radioactive Effluent Release Report2023-08-30030 August 2023 Correction to the 2022 Annual Radioactive Effluent Release Report ML23228A1342023-08-16016 August 2023 Licensed Operator Positive Fitness-For-Duty Test IR 05000333/20230022023-08-0707 August 2023 Integrated Inspection Report 05000333/2023002 RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor JAFP-23-0040, License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-0303 August 2023 License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis JAFP-23-0043, 10 CFR 50.46 Annual Report2023-07-31031 July 2023 10 CFR 50.46 Annual Report JAFP-23-0038, License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance2023-07-28028 July 2023 License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance ML23208A1622023-07-27027 July 2023 Operator Licensing Examination Approval IR 05000333/20234022023-07-26026 July 2023 Security Baseline Inspection Report 05000333/2023402 IR 05000333/20230112023-07-25025 July 2023 Post-Approval Site Inspection for License Renewal - Phase 4 Inspection Report 05000333/2023011 IR 05000333/20235012023-07-20020 July 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000333/2023501 JAFP-23-0033, License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation2023-06-28028 June 2023 License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation IR 05000333/20234202023-06-26026 June 2023 Security Baseline Inspection Report 05000333 2023420 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23164A0322023-06-13013 June 2023 Request for Information for a Biennial Problem Identification and Resolution Inspection; Inspection Report 05000333/2023010 ML23152A0042023-06-0101 June 2023 Information Request for the Cyber Security Baseline Inspection, Notification to Perform Inspection 05000333/2023401 RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling JAFP-23-0025, 2022 Annual Radiological Environmental Operating Report2023-05-10010 May 2023 2022 Annual Radiological Environmental Operating Report IR 05000333/20230012023-05-0303 May 2023 Integrated Inspection Report 05000333/2023001 ML23117A2172023-05-0101 May 2023 Safety Evaluation for Quality Assurance Program Manual Reduction in Commitment ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI JAFP-23-0023, 2022 Annual Radioactive Effluent Release Report2023-04-27027 April 2023 2022 Annual Radioactive Effluent Release Report IR 05000333/20230122023-04-13013 April 2023 Quadrennial Fire Protection Inspection Report 05000333/2023012 ML23095A3722023-04-0505 April 2023 2023 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes Transmittal RS-23-049, Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-23023 March 2023 Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations IR 05000333/20220042023-03-20020 March 2023 Integrated Inspection Report 05000333/2022004 JAFP-23-0010, 2022 REIRS Transmittal of NRC Form 52023-03-20020 March 2023 2022 REIRS Transmittal of NRC Form 5 ML23061A1632023-03-0303 March 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch 3 2024-02-07
[Table view] |
Text
\:.p..~ REGUl UNITED STATES
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"" 0.,. NUCLEAR REGULATORY COMMISSION C(
~0 WASHINGTON, D.C. 20555-0001 In :
ca. ~ ~fA.rch 7,11, 2010 Y"/. ~
1-1] ~O Vice President, Operations Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093
SUBJECT:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 IMPLEMENTATION DEADLINE FOR PHYSICAL SECURITY PLANS (TAC 1\10. ME3115)
Dear Sir or Madam:
The Commission 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 James A. FitzPatrick Nuclear Power Plant (JAFNPP, or the licensee). This action is in response to your application dated January 21, 2010, as supplemented by letters dated February 25 and March 2, 2010.
The licensee requested U.S. Nuclear Regulatory Commission (NRC) approval for an exemption from March 31, 2010, implementation date for certain security requirements of 10 CFR Part 73, "PHYSICAL PROTECTION OF PLANTS AND MATERIALS," for JAFNPP, 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 some 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, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosure:
Exemption cc w/encl: Dlstrtbution via Listserv
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333 EXEMPTION
1.0 BACKGROUND
Entergy Nuclear Operations, Inc. (the licensee) is the holder of Facility Operating License No. DPR-59, which authorizes operation of the James A. FitzPatrick Nuclear Power Plant (JAFNPP). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of a boiling-water reactor located in Oswego County in New York State.
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
-2 based upon insights gained from implementation of the post-September 11, 2001, security Orders. It is from four of these new requirements that JAFNPP 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 January 21, 2010, as supplemented by letters dated February 25 and March 2, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." The licensee's letter dated January 21, 2010, and February 25, 2010, contain sensitive security information and, accordingly, are withheld from public disclosure in accordance with 10 CFR 2.390. The licensee has requested an exemption from the March 31, 2010, compliance date stating that due to the scope of the design, procurement, and installation activities and in consideration of impediments to construction such as winter weather conditions and equipment delivery schedules, completion of some of the new requirements contained in 10 CFR 73.55 will require additional time beyond March 31, 2010, before all requirements can be met. Specifically, the request to extend the compliance date is for four specific requirements from the current March 31, 2010, deadline to December 31, 2010. Being granted this exemption for the four items would allow the licensee to be in full compliance with the 10 CFR Part 73 Final Rule.
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
-3 "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.
The NRC approval of this exemption, as noted above, would allow an extension for the implementation date from March 31, 2010, until December 31,2010, with the new rule for four specified requirements. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR Part 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 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 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,
-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.
JAFNPP Schedule Exemption Request The licensee provided detailed information in letter dated January 21, 2010, requesting an exemption, as supplemented by letters dated February 25 and March 2, 2010. In its submissions, JAFNPP described a comprehensive plan including the scope of work such as the design, procurement, and installation activities, consideration of impediments to construction such as winter weather conditions and equipment delivery schedules, and provides a timeline for achieving full compliance with the new regulation. The licensee's submissions contain (1) sensitive security information regarding the site security plan, (2) details of specific portions of the regulation for which the site cannot be in compliance by the March 31, 2010, deadline and the reasons for the same, (3) the required changes to the site's security configuration, and (4) a timeline with critical path activities that will bring the licensee into full compliance by December 31, 2010. The timeline provides dates indicating when (1) construction will begin on various phases of the project (i.e., new roads, buildings, and fences), (2) outages are scheduled for each unit, and (3) critical equipment will be ordered, installed, tested and become operational.
Notwithstanding the schedule exemptions for these limited requirements, the licensee stated 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 December 31, 2010, JAFNPP will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
-5
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The NRC staff 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, with regard to four 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 design, procurement, and installation activities described in the licensee's submissions, are complete, justifies extending the full compliance date in the case of this particular licensee. The security measures for which JAFNPP 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, 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 four items specified in the licensee's letter dated January 21, 2010, as supplemented by letters dated February 25 and March 2, 2010, the licensee is required to be in full compliance by December 31,2010. In achieving full 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 14637; dated March 26, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th day of March, 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
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Joseph G. Giitter, Director Dfvision of Operating Reactor Licensing
\,~o'ffice of Nuclear Reactor Regulation
March 26, 2010 Vice President, Operations Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093
SUBJECT:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 IMPLEMENTATION DEADLINE FOR PHYSICAL SECURITY PLANS (TAC NO. ME3115)
Dear Sir or Madam:
The Commission 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 James A. FitzPatrick Nuclear Power Plant (JAFNPP, or the licensee). This action is in response to your application dated January 21,2010, as supplemented by letters dated February 25 and March 2, 2010.
The licensee requested U.S. Nuclear Regulatory Commission (NRC) approval for an exemption from March 31, 2010, implementation date for certain security requirements of 10 CFR Part 73, "PHYSICAL PROTECTION OF PLANTS AND MATERIALS," for JAFNPP, 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 some 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, IRA!
Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosure:
Exemption cc w/encl: Distribution via Listserv DISTRIBUTION:
PUBLIC LPL1-1 RlF RidsNrrDorlLpl-1 RidsOGCMailCenter RidsNsirDspRsrlb RidsAcrsAcnwMailCenter RidsNrrPMSusquehanna (paper copy) RidsNrrDlrRerb MGray, RI RidsNrrLASLittle (paper copy) RidsRgn1 MailCenter RidsOgcRp Resource LTrocine, OEDO Region 1 ADAMS Accession No.: ML100360152 OFFICE LPL1-1/PM LPL 1-1/LA NRRlDLRlRERB/BC NRC/NSIRIDSP/RSRLB/BC NRC/NSIRIDSP/DD NAME BVaidya SLittie Almboden DHuyck SMorris DATE 3/15/10 3/15/10 3/16/10 3/16/10 3/17/10 OFFICE OGC LPL1-1/BC DORUD NAME MSmith NSalgado JGiitter DATE 3/18/10 3/19/10 3/26/10