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Category:Exemption from NRC Requirements
MONTHYEARNG-23-0010, Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-12-0606 December 2023 Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule NG-23-0009, Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-11-16016 November 2023 Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule NG-22-0001, Supplement to Exemption Request for Failed Fuel Can Weight in a Certificate of Compliance 1004 Renewed Amendment 17 61BTH Type 2 Dry Shielded Canister2022-01-0606 January 2022 Supplement to Exemption Request for Failed Fuel Can Weight in a Certificate of Compliance 1004 Renewed Amendment 17 61BTH Type 2 Dry Shielded Canister NG-21-0030, Exemption Request for Failed Fuel Can Weight in a Certificate of Compliance 1004 Renewed Amendment 17 61 Bth Type 2 Dry Shielded Canister2021-10-21021 October 2021 Exemption Request for Failed Fuel Can Weight in a Certificate of Compliance 1004 Renewed Amendment 17 61 Bth Type 2 Dry Shielded Canister ML21068A2122021-05-12012 May 2021 Onsite Insurance Exemption ML21070A1022021-05-12012 May 2021 Offsite Insurance Exemption FRN ML21068A2112021-05-11011 May 2021 Onsite Insurance Exemption Letter ML21070A0932021-05-11011 May 2021 Offsite Insurance Exemption ML21097A1412021-04-13013 April 2021 EP Exemption Issuance Letter and SE ML21097A1422021-04-13013 April 2021 Emergency Planning Exemption ML21004A2152021-01-13013 January 2021 Exemption from Annual Force-on-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1) (EPID L-2020-LLE-0241 (COVID-19)) NG-20-0101, Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic2020-12-29029 December 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20301A8462020-11-25025 November 2020 Temporary Exemption from Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0150 (COVID-19)) ML20311A0292020-11-0505 November 2020 FEMA Letter to NRC, Proposed Commission Paper Language for Duane Arnold Nuclear Power Station Emergency Plan Decommissioning Exemption Request ML20171A6292020-08-13013 August 2020 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) and Section 75(H)(1)(IV) to Allow Use of Funds from Decommissioning Trust Fund for Spent Fuel Management and Site Restoration Activities ML20171A6272020-08-12012 August 2020 Exemption from 10 CFR 50.82(a)(8)(i)(A) and Section 75(H)(1)(IV) to Allow Use of Funds from Decommissioning Trust Fund for Spent Fuel Management and Site Restoration Activities ML20202A5942020-07-24024 July 2020 Approval of Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (EPID L-2020-LLE-0079 (COVID-19)) NG-20-0035, Request for Exemption from 10 CFR 50.54(w)(1)2020-07-16016 July 2020 Request for Exemption from 10 CFR 50.54(w)(1) NG-20-0055, Request for Exemption from 10 CFR 140.11 (a)(4)2020-07-16016 July 2020 Request for Exemption from 10 CFR 140.11 (a)(4) NG-20-0047, Supplement to Exemption Request for Access Authorization and Fitness for Duty Requirements Due to COVID-19 Pandemic2020-06-15015 June 2020 Supplement to Exemption Request for Access Authorization and Fitness for Duty Requirements Due to COVID-19 Pandemic ML20139A0062020-05-26026 May 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI NG-19-0141, Request for Partial Exemption from Record Retention Requirements for Duane Arnold Energy Center2020-01-16016 January 2020 Request for Partial Exemption from Record Retention Requirements for Duane Arnold Energy Center ML19266A0172019-11-0707 November 2019 Exemption from the Requirements of 10 CFR 73.55(p)(1)(i)And(p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather L-2019-047, Request for Exemption from 10 CFR 73.55(p)(1)(i) and (II) Related to the Suspension of Security Measures in an Emergency or During Severe Weather2019-02-28028 February 2019 Request for Exemption from 10 CFR 73.55(p)(1)(i) and (II) Related to the Suspension of Security Measures in an Emergency or During Severe Weather ML1005010572010-03-29029 March 2010 Exemption from the Requirements of Title 10 of the Code of Federal Regulations Part 50, Appendix J ML1006209182010-03-29029 March 2010 FRN: General Notice. ME0789 Duane Arnold Energy Center Exemption Document Only 2010-02-19 2023-12-06
[Table view] Category:Federal Register Notice
MONTHYEARML21224A0192021-09-0909 September 2021 PSDAR Meeting FRN, Duane Arnold Energy Center Post-Shutdown Decommissioning Activities Report ML21214A2732021-08-0404 August 2021 PSDAR Comment Extension FRN - August 2021 ML21068A2402021-05-12012 May 2021 Onsite Insurance Exemption FRN ML21070A1022021-05-12012 May 2021 Offsite Insurance Exemption FRN ML21097A1482021-04-13013 April 2021 Federal Register Notice (FRN) for Emergency Planning Exemption ML21062A2802021-03-16016 March 2021 Enclosure - Duane Arnold Emergency Planning Exemption EA ML21048A0722021-03-0202 March 2021 Post Shutdown Activities Report (PSDAR) Comment Extension FRN 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 ML20288A7372020-10-20020 October 2020 FRN, Notice to Reopen the Comment Period Related to the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate ML20288A6952020-10-16016 October 2020 Letter, Notice to Extend the Comment Period Related to the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate ML20171A6292020-08-13013 August 2020 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) and Section 75(H)(1)(IV) to Allow Use of Funds from Decommissioning Trust Fund for Spent Fuel Management and Site Restoration Activities ML20164A0002020-07-30030 July 2020 FRN, Finding of No Significant Impact with Associated Environmental Assessment Use of Decommissioning Trust Fund for Spent Fuel Management and Site Restoration ML20164A0012020-07-30030 July 2020 Letter, Finding of No Significant Impact with Associated Environmental Assessment Use of Decommissioning Trust Fund for Spent Fuel Management and Site Restoration ML19266A0122019-11-12012 November 2019 FRN -Duane Arnold Energy Center - Exemption from the Requirements of 10 CFR Part 73, Sections 73.55(P)(1)(I) and (P)(1)(Ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather ML19168A0842019-06-26026 June 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 07/02/2019 ML18274A0662018-10-0303 October 2018 FRN - Notice of Withdrawal NRC-2018-0116, Duane Arnold Energy Center - FRN - Notice of Withdrawal2018-10-0303 October 2018 Duane Arnold Energy Center - FRN - Notice of Withdrawal ML18250A0552018-09-21021 September 2018 FRN -Notice of Withdrawal NRC-2018-0045, Duane Arnold Energy Center - FRN -Notice of Withdrawal2018-09-21021 September 2018 Duane Arnold Energy Center - FRN -Notice of Withdrawal ML18165A3972018-06-20020 June 2018 FRN - Withdrawal of Amendment Request for Adoption of 10 CFR 50.69 Risk-Informed Categorization and Treatment of Structures, Systems, and Components (Sscs) for Nuclear Power Reactors NRC-2018-0123, Duane Arnold Energy Center FRN - Withdrawal of Amendment Request for Adoption of 10 CFR 50.69 Risk-Informed Categorization and Treatment of Structures, Systems, and Components (Sscs) for Nuclear Power Reactors2018-06-20020 June 2018 Duane Arnold Energy Center FRN - Withdrawal of Amendment Request for Adoption of 10 CFR 50.69 Risk-Informed Categorization and Treatment of Structures, Systems, and Components (Sscs) for Nuclear Power Reactors ML17256A9132017-09-26026 September 2017 Environmental Assessment and Finding of No Significant Impact; Issuance NRC-2017-0200, Duane Arnold Energy Center - Environmental Assessment and Finding of No Significant Impact; Issuance2017-09-26026 September 2017 Duane Arnold Energy Center - Environmental Assessment and Finding of No Significant Impact; Issuance 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 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 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 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 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 NRC-2015-0260, 11/20/15 - Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acce2015-11-20020 November 2015 11/20/15 - Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to ML15307A1992015-11-20020 November 2015 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI ML15120A2272015-05-0101 May 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 12, 2015 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 NRC-2014-0262, Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI2014-12-11011 December 2014 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Ja ML14336A4122014-12-11011 December 2014 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Ja ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13015A4952013-01-24024 January 2013 Withdrawal of an Amendment Request ML13015A6292013-01-24024 January 2013 Withdrawal of an Amendment Request (Fr Notice) NRC-2013-0022, Duane Arnold Energy Center - Withdrawal of an Amendment Request (Fr Notice)2013-01-24024 January 2013 Duane Arnold Energy Center - Withdrawal of an Amendment Request (Fr Notice) 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 ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-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 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-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 2021-09-09
[Table view] |
Text
7590-01-P NUCLEAR REGULATORY COMMISSION NEXTERA ENERGY DUANE ARNOLD, LLC DUANE ARNOLD ENERGY CENTER DOCKET NO. 50-331
[NRC-2010-0107]
EXEMPTION
1.0 BACKGROUND
NextEra Energy Duane Arnold, LLC, formerly FPL Energy Duane Arnold, LLC (the licensee) is the holder of Facility Operating License No. DPR-49, which authorizes operation of the Duane Arnold Energy Center (Duane Arnold). The facility consists of a boiling-water reactor located in Linn County in the State of Iowa. The licensee was authorized to change its name by Amendment No. 275, dated November 13, 2009, to the Facility Operating License. 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. In a letter dated March 4, 2009, FPL Energy Duane Arnold, LLC requested exemption from certain requirements of 10 CFR Part 50, Appendix J.
2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR), Appendix J specifies the leakage test requirements, schedules, and acceptance criteria for tests of the leak-tight integrity of the primary reactor containment and systems and components which penetrate the containment.
Option B of Appendix J is entitled Performance-Based Requirements. Option B,Section III.A.,
AType A Test,@ requires, among other things, that the overall integrated leakage rate must not exceed the allowable leakage rate (La) with margin, as specified in the Technical Specifications (TSs).
The overall integrated leak rate, is defined in 10 CFR Part 50, Appendix J as "the total leakage rate through all tested leakage paths, including containment welds, valves, fittings, and components that penetrate the containment system." This includes the contribution from main steam isolation valve (MSIV) leakage. The licensee has requested exemption from Option B,Section III.A requirements to permit exclusion of MSIV leakage from the overall integrated leak rate test measurement. Main steam leakage includes leakage through all four main steam lines and the main steam drain line.
Option B,Section III.B of 10 CFR Part 50, Appendix J, AType B and C Tests,@ requires, among other things, that the sum of the leakage rates at accident pressure of Type B tests and pathway leakage rates from Type C tests be less than the performance criterion (La) with margin, as specified in the TSs. The licensee also requests exemption from this requirement, to permit exclusion of the main steam pathway leakage contributions from the sum of the leakage rates from Type B and Type C tests.
The licensee requests this exemption because the main steam pathway leakage is treated separately from the remainder of the assumed leakage from primary containment in the design basis loss-of-coolant accident (DBA LOCA) analysis. The MSIV leakage effluent has a different pathway to the environment, when compared to a typical containment penetration. The licensee has analyzed the MSIV and main steam pathway leakage separately from the overall containment integrated leakage, local leakage across pressure retaining, leakage limiting boundaries, and containment isolation valve leakage in its dose consequence analysis. By currently including the main steam pathway leakage in with the rest of the primary containment leakage actual test results, it is essentially being accounted for twice in the dose analysis.
In summary, by application dated March 4, 2009, the licensee requested an exemption for the Duane Arnold Energy Center (Duane Arnold). The proposed change will exempt Duane Arnold from certain requirements of Appendix J to 10 CFR Part 50. Specifically, the licensee is requesting a permanent exemption to permit exclusion of the main steam pathway leakage contributions from the overall integrated leakage rate (Type A) test measurement and from the sum of the leakage rates from local leakage rate (Type B and Type C) tests.
3.0 DISCUSSION Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50 when (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Special circumstances are present whenever, according to 10 CFR 50.12(a)(2)(ii), "Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. . . ."
Authorized by Law The exemption would permit exclusion of the main steam pathway leakage contributions from the overall integrated leakage rate (Type A) test measurement and from the sum of the leakage rates from local leakage rate (Type B and Type C) tests.
As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR Part 50, Appendix J. The NRC staff has determined that granting of the licensee=s proposed exemption will 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.
No Undue Risk to Public Health and Safety The underlying purposes of 10 CFR Part 50, Appendix J is to assure that containment leak-tight integrity is maintained (a) as tight as reasonably achievable, and (b) sufficiently tight so as to limit effluent release to values bounded by the analyses of radiological consequences of design-basis accidents.
In License Amendments 237 (regarding secondary containment OPERABILITY during movement of irradiated fuel and core alterations, dated April 16, 2001) and Amendment 240 (regarding Alternative Source Term (AST), dated July 31, 2001), the NRC approved the use of the AST (10 CFR 50.67) in the calculations of the radiological dose consequences of design basis accidents (DBAs) for the Duane Arnold Energy Center. The reactor design basis accident of concern is the design basis loss-of-coolant accident (LOCA). The NRC Staff Safety Evaluation accompanying Amendment 240 accepted that the main steam pathway leakage is treated separately from the remainder of the assumed leakage from primary containment in the LOCA analysis and once dispersed in the primary containment, the release to the environment is assumed to occur through three pathways: (1) the leakage of primary containment atmosphere (i.e., design leakage); (2) the leakage of primary containment atmosphere via design leakage through main steam isolation valves (MSIVs); and (3) the leakage from emergency core cooling systems (ECCS) that recirculate suppression pool water outside of the primary containment (i.e., design leakage). Since Amendment 237 was specifically for the Fuel Handling Accident (FHA), which occurs during refueling when primary containment is not required, the main steam pathway leakage is not part of the release pathway for this reactor accident. Thus, no new accident precursors are created by exempting Duane Arnold from certain requirements of Appendix J to 10 CFR Part 50.
Further, based on the above the determination that no new accident precursors are created by the proposed exemption, the probability of postulated accidents is not increased.
Additionally, based on the above based on the way the main steam pathway leakage has previously been evaluated and accepted in the Duane Arnold radiological dose analysis for DBAs separately from the overall leakage associated with the primary containment boundary (Type A) and local leakage rate total (Type B and C), the consequences of postulated accidents are not increased. Therefore, there is no undue risk, since risk is probability multiplied by consequences, to public health and safety.
Consistent with Common Defense and Security The exemption would permit exclusion of the main steam pathway leakage contributions from the overall integrated leakage rate (Type A) test measurement and from the sum of the leakage rates from local leakage rate (Type B and Type C) tests. This change to accounting for leakage rate measurement has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption.
Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2), are present whenever application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR Part 50, Appendix J, Option B, Paragraphs III.A and III.B is to ensure the actual radiological consequences of reactor accidents remain below those previously evaluated and accepted, as demonstrated by the actual, periodic measurement of containment leakage (Type A) and local leakage rate measurement (Type B and C).
Although Type A, and Type B and C, leakage tests are defined as a measurement of those leakages, inclusion of the main steam pathway leakage results in double counting at the Duane Arnold Energy Center, once as a part of the actual containment leakage and again as part of main steam pathway leakage used in dose calculations. This is because Duane Arnolds revised design-basis radiological consequence analysis, reviewed and approved in Amendments 237 and 240 to Duane Arnolds operating license, address MSIV leakage as individual factors, exclusive of primary containment leakage. Therefore, requiring inclusion of main steam pathway leakage in the Type A, and Type B and C, leakage is not necessary to achieve the underlying purpose of the rule.
Because compliance with 10 CFR Part 50, Appendix J, Option B, Paragraphs III.A and III.B is not necessary to achieve the underlying purposes of the requirements, the special circumstances required by 10 CFR 50.12(a)(2), for the granting of an exemption from 10 CFR Part 50, Appendix J, Option B, Paragraphs III.A and III.B exist.
4.0 CONCLUSION
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants to NextEra Energy Duane Arnold, LLC a permanent exemption from the requirements of 10 CFR Part 50, Appendix J, Option B, Paragraphs III.A and III.B for the Duane Arnold Energy Center.
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment
[75 FR 13318; dated March 19, 2010].
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 29th day of March, 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Robert A. Nelson, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation