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Category:Exemption from NRC Requirements
MONTHYEARML24108A1332024-05-20020 May 2024 Exemption (Attachment) ML24044A0732024-02-28028 February 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024 ML24003A8872024-01-19019 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0033 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) RS-23-125, Request for Exemption from 10 CFR 2.109(b)2023-12-0707 December 2023 Request for Exemption from 10 CFR 2.109(b) ML23289A1202023-10-16016 October 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML22060A2622022-03-0808 March 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in February 2022 ML22034A8122022-02-0404 February 2022 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2022-LLE-0006 (COVID-19)) ML21029A3362021-02-18018 February 2021 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0005 (COVID-19)) ML20321A2432020-12-11011 December 2020 Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(l)(1) (EPID L-2020-LLE-0194 (COVID-19)) ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions NMP1L3362, Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency2020-11-13013 November 2020 Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency ML20264E6892020-10-0909 October 2020 Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0141 (COVID-19)) ML16075A4082016-08-22022 August 2016 Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule NRC-2016-0181, Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule (CAC Nos. MF7340 and MF7341)2016-08-22022 August 2016 Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule (CAC Nos. MF7340 and MF7341) ML16075A4062016-08-18018 August 2016 Plants, Units 1 and 2 - Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule ML15054A3342015-03-0404 March 2015 Relaxation of the Scheduler Requirements for Order EA-12-049 Issuance of Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events. ML12198A1232012-07-31031 July 2012 Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs ML11203A5132011-07-21021 July 2011 Request for Exemption from Certain Requirements of the Fitness for Duty Rule, Subpart I ML1101906322011-01-19019 January 2011 Correction Letter Regarding Exemption for Use of M5 Cladding-Calvert Cliffs Nuclear Power Plant, Units 1 and 2 (TAC Nos. ME5154 and ME5155) ML0732006942007-12-17017 December 2007 Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix K ML0622601232006-11-0909 November 2006 Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix ML0521405582005-09-0202 September 2005 Exemption from the Requirements of CFR Part 50, Section 50.68 ML0436405412004-12-21021 December 2004 Exemption Requested from the Requirements of 10 CFR Part 50, Paragraph 50.68(b)(1) ML0333200052003-12-22022 December 2003 Exemption, Temporary Exemption from the Requirements of 10 CFR 50, Appendix E, Section IV.F.2.c ML0333606342003-11-24024 November 2003 Schedule Exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.c - Rescheduling of Biennial Full-Participation Emergency Preparedness Exercise ML0306401372003-04-11011 April 2003 Exemption from Requirements of 10 CFR 50.46, 10 CFR 50.44, and 10 CFR Part 50, Appendix K ML0309300552003-03-28028 March 2003 Request for Exemption to 10 CFR 50.44 & 10 CFR Part 50, Appendix E, Section VI & Proposed License Amendments for Relaxation of Post Accident Hydrogen Monitoring & Control Requirements 2024-05-20
[Table view] Category:Federal Register Notice
MONTHYEARML24108A1322024-05-21021 May 2024 FRN: Issuance of Exemption for Calvert Cliffs ML24109A1672024-05-14014 May 2024 FRN - Notice of Availability of EA-FONSI for Calvert Cliffs ML24044A0732024-02-28028 February 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024 ML22060A2622022-03-0808 March 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in February 2022 ML21294A3762021-11-16016 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) ML21060A5962021-03-0909 March 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding 10 CFR Part 26 for February 2021 ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions 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 ML20115E3792020-06-10010 June 2020 Independent Spent Fuel Storage Installation Exemption ML19295E7142019-10-28028 October 2019 L-2018-LLA-0222 and L-2018-LLE-0013 -Withdrawal FRN 2019-10-22 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 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 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 ML18278A2802018-10-10010 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 10/23/2018 ML18215A0322018-08-16016 August 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order for Fr Publication on 9/4/2 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 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 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 ML16075A4082016-08-22022 August 2016 Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule NRC-2016-0181, Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule (CAC Nos. MF7340 and MF7341)2016-08-22022 August 2016 Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule (CAC Nos. MF7340 and MF7341) ML16075A4062016-08-18018 August 2016 Plants, Units 1 and 2 - Exemption Related to the Updated Final Safety Analysis Report 10 CFR 50.71(e)(4) Update Schedule NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16131A7952016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 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 ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 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 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 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML14303A3812014-10-31031 October 2014 Biweekly Sholly FRN - Application and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: November 12, 2014 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 ML14063A1252014-03-24024 March 2014 Order Approving Direct Transfer of Licenses and Conforming Amendment, Independent Spent Fuel Storage Installation License, (Tacs. MF2584 and MF2585) 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 ML13294A0702013-12-18018 December 2013 Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials Licenses, and Conforming Amendments Containing SUNSI ML13294A0392013-11-0707 November 2013 Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses and Conforming Amendments,.. 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 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit NRC-2013-0127, Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended2013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML13121A4592013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML12198A1232012-07-31031 July 2012 Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs NRC-2012-0183, Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (TAC Nos. ME6738 and ME6739)2012-07-31031 July 2012 Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (TAC Nos. ME6738 and ME6739) 2024-05-21
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318; NRC-2016-0181]
Exelon Generation Company, LLC; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Update Schedule for Updated Final Safety Analysis Report AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 29, 2016, application from Exelon Generation Company, LLC (Exelon),
the licensee for Calvert Cliffs Nuclear Power Plant (CCNPP), Units 1 and 2, for Renewed Facility Operating License Nos. DPR-53 and DPR-60, which requested an exemption from the updated final safety analysis report (UFSAR) update schedule requirements in the NRCs regulations. The NRC staff reviewed this request and is granting an exemption from the requirement that an update to the UFSAR be submitted 6 months after the refueling outage for each unit. The exemption allows the update to the CCNPP UFSAR to be submitted within 6 months following the completion of each CCNPP Unit 2 refueling outage, not to exceed 24 months from the last submittal.
DATE: The exemption was issued on August 18, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0181 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
- Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0181. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRCs Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced.
- NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone:
301-415-1030, e-mail: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background The CCNPP is a two-unit plant, both units of which share an UFSAR. A strict interpretation of the language contained in 50.71(e)(4) of title 10 of the Code of Federal Regulations (10 CFR), would require Exelon to update this single UFSAR within 6 months after each unit's refueling outage. In August 1992, the NRC promulgated a rule change entitled Reducing the Regulatory Burden on Nuclear Licensees, which affected 10 CFR 50.71(e)(4).
This rule change was published in the Federal Register on August 31, 1992 (57 FR 39358), with an effective date of October 1, 1992, and was intended to provide a reduction in regulatory burden by, in part, providing licensees with the option to submit UFSAR updates once per refueling outage, not to exceed 24 months between successive updates, instead of annually.
However, when a single UFSAR is shared between the units of a multi-unit plant and those units have staggered refueling outages (i.e., one unit a year on alternating years), as is the case with CCNPP, 10 CFR 50.71(e)(4) has the net effect of still requiring that the UFSAR be updated annually. Therefore, as written, the burden reduction provided by 10 CFR 50.71(e)(4) of providing licensees with the option to submit UFSAR updates each refueling outage instead of annually can only be realized by single-unit facilities, by multi-unit facilities that maintain separate UFSARs for each unit, or by multi-unit facilities that share a single UFSAR and have non-staggered refueling outages - none of which is the case for CCNPP. Consequently, since CCNPP is a multi-unit facility with a single shared USFAR and a staggered refueling outage schedule, the phrase each refueling outage in 10 CFR 50.71(e)(4) does not decrease the regulatory burden on the licensee as was the intent of the rule.
II. Request/Action Pursuant to 10 CFR 50.12, Specific exemptions, the licensee has, by application dated January 29, 2016 (ADAMS Accession No. ML16033A048), requested an exemption from the requirements of 10 CFR 50.71, "Maintenance of records, making of reports," paragraph (e)(4),
related to the schedule for submitting periodic updates to the CCNPP UFSAR. Pursuant to 10 CFR 50.12(a), the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security and when special circumstances are present.
III. Discussion Pursuant to 10 CFR 50.12, the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50, including 10 CFR 50.71(e)(4) when: (1) the exemptions are authorized by law, will not present an undue risk to the public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Under 10 CFR 50.12(a)(2), special circumstances include, among other things, when application of the specific regulation in the particular circumstances would not serve, or is not necessary to achieve, the underlying purpose of the rule.
Authorized by Law In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR part 50 if the exemption is authorized by law. The exemption
requested in this instance is authorized by law because no other prohibition of law exists to preclude the activities which would be authorized by the exemption. Additionally, even with the granting of the exemption, the underlying purpose of the regulation will continue to be served.
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that licensees periodically update their UFSARs to assure that the UFSARs remain up-to-date such that they accurately reflect the plant design and operation. The rule does not require that licensees review all of the information contained in the UFSAR for each periodic update. Rather, the intent of the rule is for licensees to update only those portions of the UFSAR that have been affected by licensee activities since the previous update. As required by 10 CFR 50.71(e)(4), UFSAR updates shall be submitted within 6 months after each refueling outage provided that the interval between successive updates does not exceed 24 months. Submitting updates to the single shared CCNPP UFSAR 6 months after the CCNPP Unit 2 refueling outage as proposed and not exceeding 24 months between successive updates continues to meet the intent of the regulation from the perspective of regulatory burden reduction and maintaining UFSAR information up-to-date. Therefore, this exemption request is authorized by law.
No Undue Risk to the Public Health and Safety The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that licensees periodically update their UFSARs to assure that the UFSARs remain up-to-date such that they accurately reflect the plant design and operation. The NRC has determined by rule that an update frequency not exceeding 24 months between successive updates is acceptable for maintaining UFSAR content up-to-date. The requested exemption provides an equivalent level of protection to the existing requirements because it ensures that updates to the CCNPP UFSAR are submitted with no greater than 24 months between successive updates. The requested exemption also meets the intent of the rule for regulatory burden reduction. Additionally, based
on the nature of the requested exemption and that updates will not exceed 24 months from the last submittal as described above, no new accident precursors are created by the exemption; therefore, neither the probability nor the consequences of postulated accidents are increased.
In conclusion, the requested exemption does not result in any undue risk to the public health and safety.
Consistent with the Common Defense and Security The requested exemption from 10 CFR 50.71(e)(4) would allow Exelon to submit its periodic updates to the CCNPP UFSAR within 6 months following the completion of each CCNPP Unit 2 refueling outage, not to exceed 24 months from the last submittal. Neither the regulation nor the proposed exemption thereto has any relation to security issues. Therefore, the common defense and security is not impacted by the exemption.
Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), 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. As explained above, the rule change promulgated in August 1992 (57 FR 39358; August 31, 1992) was intended to provide a reduction in regulatory burden by providing licensees with the option to submit UFSAR updates once per refueling outage, not to exceed 24 months between successive updates, instead of annually. However, as written, this burden reduction can only be realized by single-unit facilities, by multi-unit facilities that maintain separate UFSARs for each unit, or by multi-unit facilities that share a single UFSAR and have non-staggered refueling outages - none of which is the case for CCNPP. Since CCNPP is a dual-unit facility with a single shared UFSAR and staggered refueling outages, the phrase each refueling outage in
10 CFR 50.71(e)(4) does not decrease the regulatory burden on the licensee as was the intent of the rule. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii) in that application of the requirements in these particular circumstances would not serve the underlying purpose of the rule and are not necessary to achieve the underlying purpose of the rule.
Environmental Considerations With respect to its impact on the quality of the human environment, the NRC has determined that the issuance of the exemption discussed herein meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of any regulation of 10 CFR chapter I (which includes 10 CFR 50.71(e)(4)) is an action that is a categorical exclusion.
The NRC staffs determination that all of the criteria for this categorical exclusion are met is as follows:
I. 10 CFR 51.22(c)(25)(i): There is no significant hazards consideration.
Staff Analysis: The criteria for determining whether an action involves a significant hazards consideration are found in 10 CFR 50.92. The proposed action involves only a schedule change regarding the submission of an update to the application. Therefore, there are no significant hazard considerations because granting the exemption would not:
(1) Involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) Create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) Involve a significant reduction in a margin of safety.
II. 10 CFR 51.22(c)(25)(ii): There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
Staff Analysis: The proposed action involves only a schedule change, which is administrative in nature, and does not involve any changes in the types or significant increase in the amounts of any effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in individual or cumulative public or occupational radiation exposure.
Staff Analysis: Since the proposed action involves only a schedule change, which is administrative in nature, it does not contribute to any significant increase in occupational or public radiation exposure.
IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction impact.
Staff Analysis: Since the proposed action involves only a schedule change, which is administrative in nature, it does not involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the potential for or consequences from radiological accidents.
Staff Analysis: The proposed action involves only a schedule change, which is administrative in nature and does not impact the potential for or consequences from accidents.
VI. 10 CFR 51.22(c)(25)(vi): The requirements from which the exemption is sought involve scheduling requirements and other requirements of an administrative, managerial, or organizational nature.
Staff Analysis: The proposed action involves scheduling requirements and other requirements of an administrative, managerial, or organizational nature because it is associated with the submittal schedule requirements contained in 10 CFR 50.71(e)(4), which stipulate that revisions to the UFSAR must be filed annually or 6 months after each refueling outage provided the interval between successive updates does not exceed 24 months.
Based on the above, the NRC staff concludes that the proposed exemption meets the eligibility criteria for the categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the NRCs issuance of this exemption.
IV. Conclusions The NRC 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 pursuant to 10 CFR 50.12(a)(2)(ii) are present. Therefore, the NRC hereby grants Exelon an exemption from the requirements of 10 CFR 50.71(e)(4) to allow Exelon to file its periodic updates to the CCNPP UFSAR within 6 months following the completion of each CCNPP Unit 2 refueling outage, not to exceed 24 months from the last submittal.
Dated at Rockville, Maryland, this 22nd Day of August 2016.
For The Nuclear Regulatory Commission.
/RA/
Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.