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Category:Exemption from NRC Requirements
MONTHYEARML20162A1572020-06-30030 June 2020 Part 20 App G Exemption Evaluation LIC-20-0006, (Fcs), Unit 1, Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E2020-03-26026 March 2020 (Fcs), Unit 1, Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E ML18025A3922018-03-29029 March 2018 Letter, Indemnity Agreement, and Exemption from 10 CFR 140.11(a)(4) Related to Offsite Primary and Secondary Liability Insurance (CAC No. MF9664; EPID L-2017-LLE-0013) ML18025A4022018-03-29029 March 2018 Exemption from 10 CFR 140.11(a)(4) Related to Offsite Primary and Secondary Liability Insurance (CAC No. MF9664; EPID L-2017-LLE-0013) ML18031A0602018-03-29029 March 2018 Exemption from 10 CFR 50.54(w)(1) to Allow a Reduction in Onsite Property Damage Insurance for Post-Accident Site Decontamination (CAC No. MF9665; EPID L-2017-LLE-0014) ML18031A0572018-03-29029 March 2018 Letter, Exemption from 10 CFR 50.54(w)(1) to Allow a Reduction in On-Site Property Damage Insurance for Post-Accident Site Decontamination (CAC No. MF9665; EPID L-2017-LLE-0014) NRC-2017-0223, FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003)2017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17278A1782017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17263B1982017-12-11011 December 2017 Letter and Safety Evaluation, Request for Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17263B1912017-12-11011 December 2017 Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC No. MF9067; EPID L-2016-LLE-0003) ML17067A3462017-07-0707 July 2017 Letter, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler NRC-2017-0160, FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler2017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML17067A3422017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML13274A0262013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements NRC-2013-0243, FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements2013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements ML13157A1392013-06-11011 June 2013 FRN, Exemption from Requirements of 10 CFR 26.205(d)(7) to Allow Less Restrictive Working Hour Limitations to Support Activities for Plant Startup from Current Extended Outage ML1126404112011-10-0505 October 2011 Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise ML1127700102011-10-0505 October 2011 Exemption to Extend Compliance Date to 11/5/2013 for One Specific Requirement of 10 CFR 73.55(a)(1) NRC-2011-0239, Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise2011-10-0505 October 2011 Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise ML1126404002011-10-0505 October 2011 Cover Letter, Exemption from the Requirements of 10 CFR Part 50, Appendix F, Sections IV.F.2.B and C ML1006304512010-03-23023 March 2010 FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements ML1006304472010-03-23023 March 2010 Exemption from 10 CFR Part 73 Physical Security Requirements NRC-2010-0087, FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements2010-03-23023 March 2010 FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements ML0900504382009-02-0606 February 2009 Transmittal Letter, Exemption from Requirements of 10 CFR Part 50, Appendix R, Section III.G.1.b for Fire Area 31 ML0619902072006-08-17017 August 2006 Issuance of Exemption for Use of M5 LIC-06-0056, Request for Exemption from Nuhoms Certificate of Compliance No. 1004, Amendment No. 82006-06-0909 June 2006 Request for Exemption from Nuhoms Certificate of Compliance No. 1004, Amendment No. 8 ML0325105232003-09-0808 September 2003 Exemption from 10 CFR Part 20 Definition of Total Effective Dose Equivalent TAC MB7242 ML0321101802003-07-30030 July 2003 Exemption, Requirements of Appendix G to 10 CFR Part 50 ML0202400072002-02-28028 February 2002 Exemption from the Requirements of Appendix G to Part 50 of Title 10 of the Code of Federal Regulations 2020-06-30
[Table view] Category:Federal Register Notice
MONTHYEARML23333A1092023-12-27027 December 2023 Federal Register Notice - Fort Calhoun Station, Unit 1, License Termination Plan Finding of No Significant Impact ML22178A0472022-07-0404 July 2022 Enclosure - Federal Register Notice - Fort Calhoun Station, Unit 1 - FRN on Public Meeting and Request for Comment on License Termination Plan (License No. DPR-40, Docket No. 50-285) ML21055A4002021-05-14014 May 2021 Enclosure 1: Environmental Assessments and Findings of No Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans Federal Register Notice ML19179A1242019-07-11011 July 2019 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI & SGI & Order Imposing Procedures for Access to SUNSI & SGI: August 6, 2019 ML18318A3602018-11-19019 November 2018 FRN Document for Partial Site Release Requests (License DPR-40,Docket Nos. 50-285 and 72-54) 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 NRC-2017-0223, FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003)2017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17278A1782017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17261A3432017-11-21021 November 2017 FRN, Environmental Assessment and Finding of No Significant Impact Re Exemption Request from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition ML17172A7352017-10-0404 October 2017 FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements NRC-2017-0202, FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements2017-10-0404 October 2017 FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements NRC-2017-0175, Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 20172017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 ML17213A1842017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 NRC-2017-0160, FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler2017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML17067A3422017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler NRC-2017-0099, FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments2017-04-0707 April 2017 FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML17094A7952017-04-0707 April 2017 Letter, Notification of the Availability of Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML17094A7972017-04-0707 April 2017 FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML16232A0892016-08-24024 August 2016 Letter, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation ML16232A0882016-08-24024 August 2016 FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation NRC-2016-0096, FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation2016-08-24024 August 2016 FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation NRC-2016-0040, FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements2016-08-0202 August 2016 FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16209A3692016-08-0202 August 2016 Letter, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16209A3702016-08-0202 August 2016 FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16173A1222016-06-24024 June 2016 FRN, Withdrawal of Requested Licensing Action, Request to Revise Current Licensing Basis as Described in the Final Safety Analysis Report to Allow Equipment Classification Methodology from ANSI/ANS-58.14-2011 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 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 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15231A8382015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 NRC-2015-0204, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 20152015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 ML15128A1432015-06-0303 June 2015 G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station NRC-2012-0014, G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station (TAC Nos. ME6681 and2015-06-0303 June 2015 G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station (TAC Nos. ME6681 and ME66 ML15062A3732015-04-15015 April 2015 G20110506/LTR-11-0402 and G20110492/LTR-11-0382 - 2.206 Proposed Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station NRC-2014-0159, FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra2015-04-0606 April 2015 FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15092A1842015-04-0606 April 2015 FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15092A1822015-04-0606 April 2015 Letter, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15022A6532015-01-26026 January 2015 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 3, 2015 NRC-2014-0249, FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months2014-11-10010 November 2014 FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months ML14311A6612014-11-10010 November 2014 FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months ML14311A6602014-11-10010 November 2014 Letter, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months NRC-2014-0193, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 20142014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14233A2082014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14204A5922014-07-25025 July 2014 FRN, Notice of Withdrawal of License Amendment Application, Revise TS 2.0.1, General Requirements, and TS 2.7, Electrical Systems, for Inoperable System, Subsystem, or Component Due to Inoperable Power Source ML14204A5782014-07-25025 July 2014 Notice of Withdrawal of License Amendment Application, Revise TS 2.0.1, General Requirements, and TS 2.7, Electrical Systems, for Inoperable System, Subsystem, or Component Due to Inoperable Power Source ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations 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 ML13274A0262013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements 2023-12-27
[Table view] Category:Finding of No Significant Impact
MONTHYEARML1127700102011-10-0505 October 2011 Exemption to Extend Compliance Date to 11/5/2013 for One Specific Requirement of 10 CFR 73.55(a)(1) ML1003602182010-03-0202 March 2010 Environmental Assessment and Finding of No Significant Impact, Related to 10 CFR Part 73 Exemption Request ML1003601772010-03-0202 March 2010 Cover Letter, Environmental Assessment and Finding of No Significant Impact, Related to 10 CFR Part 73 Exemption Request ML0833300362008-12-23023 December 2008 Environmental Assessment and Finding of No Significant Impact, Re Exemption from Requirements of 10 CFR Part 50, Appendix R, Section III.G.1.b for Fire Area 31 ML0620000972006-08-0909 August 2006 Environmental Assessment for Use of M5 ML0320202182003-07-18018 July 2003 Ltr Environmental Assessment Relating to Exemption from the Requirements of Appendix G to 10 CFR Part 50 2011-10-05
[Table view] |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2010-0087]
Omaha Public Power District Fort Calhoun Station, Unit 1 Exemption
1.0 BACKGROUND
Omaha Public Power District (OPPD or the licensee) is the holder of Facility Operating License No. DPR-40 which authorizes operation of the Fort Calhoun Station, Unit 1 (FCS). 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 or the Commission) now or hereafter in effect.
The facility consists of one pressurized-water reactor located in Washington County, Nebraska.
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 on March 27, 2009, effective May 26, 2009, with a full implementation date of March 31, 2010, requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security programs. The amendments to 10 CFR 73.55 published in the Federal Register on March 27, 2009 (74 FR 13926), 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 three of these new requirements that OPPD originally sought an exemption from the March 31, 2010, implementation date. All other physical security requirements established by this recent rulemaking have been implemented by the licensee.
By letter dated December 31, 2009, as supplemented by letter dated January 21, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions."
Portions of the licensee's letters dated December 31, 2009, and January 21, 2010, contain sensitive unclassified non-safeguards information (SUNSI) (security-related) and, accordingly, those portions are being withheld from public disclosure. Publicly available versions of the licensee's letters dated December 31, 2009, and January 21, 2010 are available in the Agencywide Documents Management and Access System (ADAMS) at Accession Nos.
ML100050032 and ML100810124, respectively. By letter dated March 23, 2010 (ADAMS Accession No. ML100630447), the NRC granted a previous exemption to OPPD for specific items subject to the revised rule in 10 CFR 73.55, allowing the implementation to be deferred until October 5, 2011.
Subsequent to issuance of the scheduler exemption and prior to completion of the planned physical protection program upgrades, FCS experienced sustained flooding conditions beginning in the spring and continuing through the summer of 2011. These abnormal flooding conditions required the cessation of all work needed to complete the planned physical protection program upgrades at FCS and necessitated the diversion of all available resources to perform essential emergency operations and other compensatory measures. These actions are deemed necessary to provide high assurance that activities involving special nuclear material are not
inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.
By letter dated September 2, 2011, the licensee submitted a request for a schedular exemption to the compliance date identified in 10 CFR 73.55(a)(1) to implement two of the original three requirements stated in 10 CFR Part 73 for FCS. Portions of the September 2, 2011, letter contain SUNSI (security-related) and, accordingly, those portions are withheld from public disclosure. A redacted version of the licensees letter dated September 2, 2011, is available in ADAMS Accession No. ML11250A059. In its letter dated September 2, 2011, the licensee stated that FCS will complete one of the projects by October 5, 2011, and the new requested compliance date for the remaining two requirements is November 5, 2013.
By email dated September 28, 2011, the NRC staff requested additional information from the licensee. The NRC request contained SUNSI (security-related) and, accordingly, is withheld from public disclosure. By letter dated September 30, 2011, the licensee responded to the NRC request for additional information. Portions of the licensees letter dated September 30, 2011, contain SUNSI (security-related) and, accordingly, those portions are withheld from public disclosure. A redacted version of the licensees letter dated September 30, 2011, is available in ADAMS Accession No. ML112760629. In its letter dated September 30, 2011, FCS stated that interim security measures can be, and will be taken to achieve compliance with one of the remaining two requirements that were addressed in its letter dated September 2, 2011, leaving only one requirement for which compliance cannot be met. Therefore, the licensee requested a schedular exemption for one requirement until November 5, 2013. Granting this exemption for extending the implementation date for the one remaining item would allow the licensee to complete the modifications for a more conservative approach for achieving full compliance.
3.0 DISCUSSION OF PART 73 SCHEDULE EXEMPTIONS FROM THE OCTOBER 5, 2011, 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 to10 CFR 73.55(b)(1), the licensee shall establish and maintain a physical protection program, to include a security organization, which will have as its objective to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety. Pursuant to 10 CFR 73.5, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.
NRC approval of this exemption, as noted above, would allow an extension from October 5, 2011, until November 5, 2013, of the implementation date for one specific requirement of the new rule. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR 73. The NRC staff has determined that granting of the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.
In the draft final rule sent 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 reach full compliance.
As noted in the final rule, the Commission also anticipated that licensees would have to conduct site-specific analyses to determine what changes were necessary to implement the rules requirements, and that changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected a request to generically extend the rules compliance date for all operating nuclear power plants, but noted that the Commissions regulations provide mechanisms for individual licensees, with good cause, to apply for relief from the compliance date as documented in the letter from R. W. Borchardt (NRC) to M. S. Fertel (Nuclear Energy Institute) dated June 4, 2009.
The licensees request for an exemption is, therefore, consistent with the approach set forth by the Commission and discussed in the NRC letter dated June 4, 2009.
FCS Schedule Exemption Request The licensee provided detailed information in the enclosure/attachment to its letters dated September 2 and 30, 2011, requesting an exemption. The licensee is requesting additional time to implement one specific requirement of the new rule due to sustained abnormal flooding conditions throughout the spring and summer of 2011. The flooding conditions required the cessation of all work needed to complete the planned enhancements to FCSs physical protection program and necessitated diversion of all available resources to perform essential emergency operations and other compensatory measures. The length of the extension is due to flood damage and the amount of engineering and design, material procurement, and construction and installation activities involved, while allowing for inclement weather. The licensees submittals describe a comprehensive plan to upgrade the security capabilities of the FCS site and provide a timeline for achieving full compliance with the new regulation. The
enclosure/attachment to the licensees letters contain SUNSI (security-related) regarding the site security plan, details of the specific requirement of the regulation that the site cannot be in compliance with by the October 5, 2011 deadline, and a timeline with critical path activities that will bring the licensee into full compliance by November 5, 2013. The timeline provides milestone dates for engineering, planning and procurement, implementation, startup and testing, engineering closeout, and project closeout. Redacted versions of the licensees letters dated September 2 and 30, 2011, including the enclosure/attachment, are publicly available at ADAMS Accession Nos. ML11250A059 and ML112760629, respectively).
Notwithstanding the schedular exemptions for this limited requirement, the licensee will continue to be in compliance with all other applicable physical security requirements as described in 10 CFR 73.55 and reflected in its current NRC-approved physical security program.
By November 5, 2013, FCS will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The NRC staff has reviewed the licensees submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date with regard to one specified requirement of 10 CFR 73.55 until November 5, 2013.
Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, Specific exemptions, exemption from the October 5, 2011, 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 FCS security modifications are complete justifies exceeding the full compliance date with regard to the specified requirements of 10 CFR 73.55. Therefore, the NRC concludes that the
licensees actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption.
As per the licensee's request and the NRC's regulatory authority to grant an exemption from the October 5, 2011, deadline for the one item specified in the enclosure/attachment to FCSs letters dated September 2 and 30, 2011, the licensee is required to be in full compliance with 10 CFR 73.55 by November 5, 2013. 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 (January 3, 2011; 76 FR 187).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 5th day of October 2011.
FOR THE NUCLEAR REGULATORY COMMISSION
/ra/
Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation