RA-19-0372, Request for Exemption from 10 CFR 50.71(e)(3)(iii)

Request for Exemption from 10 CFR 50.71(e)(3)(iii)

ML19337A620
Person / Time
Site:	05200022, 05200023
Issue date:	12/02/2019
From:	Snider S Duke Energy Progress
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
RA-19-0372
Download: ML19337A620 (8)

Text

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~ ENERGY Serial: RA-19-0372 December 2, 2019 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 SHEARON HARRIS NUCLEAR POWER PLANT, UNITS 2 AND 3 DOCKET NOS.52-022 AND 52-023

SUBJECT:

Request for Exemption from 10 CFR 50.71(e)(3)(iii)

REFERENCES:

Steve Snider 526 South Church Street Charlotte, NC 28202 Mailing Address:

Mail Code EC07H /P.O. Box 1006 Charlotte, NC 28202 980.373.6195 Steve.Snider@duke-energy.com 10 CFR 50.12 10 CFR 50.71 10 CFR 52.7

1. Letter from James Scarola (PEC) to U.S. Nuclear Regulatory Commission (NRC),

"Application for Combined License for Shearon Harris Nuclear Power Plant Units 2 and 3," dated February 18, 2008 Serial: NPD-NRC-2008-001

2. Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Combined License Application (COLA) Review," dated May 2, 2013 Serial: NPD-NRC-2013-019 (ADAMS Accession No. ML13123A344)

3. Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated August 12, 2015 Serial: NPD-NRC-2015-036 (ADAMS Accession No. ML15226A353)

4. Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated October 13, 2016 Serial: NPD-NRC-2016-019 (ADAMS Accession No. ML16288A815)

5. Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plants Units 2 and 3 - Exemption Issuance; Federal Register Vol. 81, No. 43, 11606, March 4, 2016

6. Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plants Units 2 and 3 - Exemption Issuance; Federal Register Vol. 82, No. 11, 5611, January 18, 2017 Ladies and Gentlemen:

By letter dated February 18, 2008 (Reference 1 ), Duke Energy Progress, Inc. (DEP) submitted an application for a combined construction permit and operating license for two AP1000 advanced pressurized water reactors to be located at the existing Shearon Harris Nuclear Plant

U.S. Nuclear Regulatory Commission RA-19-0372 Page2 (HAR) Units 2 and 3, site. By letter dated May 2, 2013 (Reference 2), DEP requested that the Nuclear Regulatory Commission (NRC) suspend review of the HAR combined license application (COLA). The NRC granted that request.

By letters dated August 12, 2015 (Reference 3) and October 13, 2016 (Reference 4), DEP requested exemptions from the annual Final Safety Analysis Report (FSAR) updates required by 10 CFR 50.71(e)(3)(iii) for the HAR COLA. The NRC granted those exemptions (References 5 and 6) which allows submittal of the next HAR FSAR update prior to the resumption of the COLA review, and in any event, no later than December 31, 2019 (Reference 6).

The purpose of this letter is to request an additional exemption from the requirement set forth in 10 CFR 50.71(e)(3)(iii), as applicable to HAR, that an applicant for a combined license (COL) under Subpart C of 10 CFR 52 submit annual updates to the FSAR. Specifically, given that the NRC's review of the HAR COLA has been suspended and remains suspended, DEP requests an exemption from the requirement to submit annual updates to the FSAR for the next five years (2019 - 2023). There has been extensive effort involved in the development and review of the HAR COLA by both the NRC staff and DEP. DEP would like to preserve the work that has been performed to date in support of the HAR COLA while decisions on future generation are in progress. The five-year timeframe of this request is based on the current uncertainty of several factors involved in the decision to pursue new nuclear generation at the HAR site. A five-year exemption minimizes the collective preparation, review and approval time for both the NRC staff and DEP, and is therefore considered more efficient than several one-year exemption requests. provides the basis for this exemption request. If the exemption is granted, DEP commits to submitting the next HAR FSAR update prior to any request to the NRC to reactivate the HAR COLA review should DEP decide to proceed with the COL application in the future.

Further, DEP will provide an update to the HAR FSAR, or take such other action as may be appropriate, no later than December 31, 2024.

Please address any comments or questions regarding this matter to Art Zaremba, Director -

Fleet Licensing at (980) 373-2062.

I declare under penalty of perjury that the foregoing is true and correct. Executed on De..c..e t/\\lotr d. -,

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Sincerely, cc:

L. Dudes, U.S. NRC Region II Administrator M. Comar, U.S. NRC Project Manager

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 1 of 6 Enclosure Basis for Exemption from 10 CFR 50.71(e)(3)(iii) for Shearon Harris Nuclear Plant, Units 2 and 3

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 2 of 6 I. Proposed Exemption 1 O CFR 50.71(e)(3)(iii) requires that applicants for a combined license (COL) under Title 10 of the Code of Federal Regulations (10 CFR) Part 52 shall, during the period from docketing of the COL application until the U.S. Nuclear Regulatory Commission (NRC or Commission) makes a finding under 10 CFR 52.103(g) pertaining to facility operation, submit annual updates to the application's final safety analysis report (FSAR).

Duke Energy Progress (DEP) is requesting a five-year exemption from 10 CFR 50. 71 (e)(3)(iii) for the Shearon Harris Nuclear Power Plant Units 2 and 3 (HAR) FSAR, Part 2 of the HAR combined license application (COLA), given that the NRC's review of the HAR COLA remains suspended. Specifically, DEP requests an exemption from the requirement to submit annual updates to the HAR FSAR during the years 2019 through 2023. DEP commits to submitting the next HAR FSAR update prior to any request to NRC to reactivate the HAR COLA review should DEP decide to proceed with the COL application in the future. Further, DEP will provide an update to the HAR FSAR, or take such other action as may be appropriate, no later than December 31, 2024. There has been extensive effort involved in the development and review of the HAR COLA by both the NRC staff and DEP. DEP would like to preserve the work that has been performed to date in support of the HAR COLA while decisions on future generation are in progress. The five-year timeframe of this request is based on the current uncertainty of several factors involved in the decision to pursue new nuclear generation at the Shearon Harris site, including potential carbon dioxide regulation, fuel prices, and the recent announcement to pursue second license renewal for DEP's existing nuclear stations. A five-year exemption minimizes the collective preparation, review and approval time for both the NRC staff and DEP, and is therefore, considered more efficient than several one-year exemption requests.

In summary, the requested exemption is a schedule change from the requirements of 10 CFR 50.71(e)(3)(iii), which is requested in an effort to achieve efficiency and limit the unnecessary expenditure of resources, given that the NRC's review of the HAR COLA is currently suspended. The exemption would allow DEP to submit the next FSAR update for HAR at a later time, in an orderly and efficient manner without undue expenditure of resources, in concert with the NRC staff reinstituting its review of the HAR COLA. The FSAR annual update is required by regulation; therefore, deferral of the annual update requires an exemption.

II. Background By letter dated February 18, 2008 (Reference 1 ), DEP submitted the HAR COLA, under 10 CFR Part 52, Subpart C, of the NRC's regulations. The NRC staff docketed the application on April 17, 2008 (Reference 2). By letter dated May 2, 2013, DEP requested that the NRC suspend the review of the HAR COLA and related activities (Reference 3). The NRC agreed to the requested suspension. The HAR COLA remains docketed.

By letter dated August 7, 2013 (Reference 5), DEP requested an exemption from the annual Final Safety Analysis Report (FSAR) updates required by 10 CFR 50.71 (e)(3)(iii) for the COLA submitted for HAR. The NRC granted an exemption on November 21, 2013 which allowed submittal of the next HAR FSAR update prior to the resumption of the COLA review, and in any event, no later than December 31, 2014 (Reference 6). NRC granted additional exemptions on December 3, 2014 (Reference 8), March 4, 2016 (Reference 10), and January 18, 2017

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 3 of 6 (Reference 12) such that submittal of the next HAR FSAR update is currently required no later than December 31, 2019.

Ill. Exemption Requirements Pursuant to 10 CFR 50.12(a)(1) and (2), the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 1 O CFR Part 50 when:

(1) The exemptions are authorized by law, will not present an undue risk to public health and safety, and are consistent with the common defense and security; and, (2) Special circumstances are present.

Pursuant to 10 CFR 50.12(a)(2), "special circumstances" exist if:

(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; or (iii) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated; or...

(v) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation.

IV. Basis for the Exemption A. Authorized by Law The requested exemption is authorized by law. As set forth above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of Part 50, such as 10 CFR 50. 71 (e)(3)(iii),

without violating the Atomic Energy Act of 1954, as amended, or the Commission's regulations.

This exemption request is for temporary relief from the requirement of 10 CFR 50. 71 ( e)(3)(iii),

given that the NRC's review of the HAR COLA has been suspended. The exemption would allow the applicant to su~mit the next HAR FSAR update prior to requesting reactivation of the NRC's HAR COLA review, or no later than December 31, 2024.

B. No Undue Risk to Public Health and Safety Granting the requested exemption will not create undue risk to public health and safety. The underlying purpose of 10 CFR 50. 71 ( e)(3)(iii) is to provide for timely, comprehensive updates of the FSAR associated with a COLA in order to support an effective and efficient review of the COLA by NRC staff and issuance of the staffs safety evaluation report. Because the NRC's review of the HAR COLA is currently suspended, any update to the FSAR that DEP submits during such suspension would not be reviewed by the NRC. The requested exemption is solely administrative in nature in that it pertains to the schedule for submitting revisions to the HAR FSAR for which the NRC's review has been suspended.

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 4 of 6 Because this exemption request relates only to a timing and administrative issue regarding a suspended COLA, and not to a license that has been or is about to be granted, there are no safety implications associated with granting this exemption request. No new health or safety issues will be created if the filing of the next FSAR update is postponed. Neither the probability of postulated accidents nor their consequences would be increased in any manner if the request were granted. There would be no undue risk to public health and safety.

C. Consistent with Common Defense and Security Granting the requested exemption is consistent with the common defense and security. This exemption requesting a change in the timing for submitting the next FSAR update supporting a suspended COLA is unrelated to common defense and security issues. The common defense and security would not be impacted by granting this exemption.

D. Special Circumstances Special circumstances supporting this exemption request are present under 10 CFR 50.12(a)(2)

(ii}, (iii) and/or (v).

The purpose of 10 CFR 50.71 (e)(3)(iii) is to provide for timely, comprehensive updates of the FSAR associated with a COLA in order to support an effective and efficient review of the COLA by NRC staff and issuance of the staffs safety evaluation report. The regulations at 10 CFR 50.71 (e)(3)(iii) requiring annual FSAR updates do not address, and do not appear to have contemplated, a situation in which the applicant suspended its pursuit of the COL and the NRC staff has suspended review of the COLA.

Even if DEP were to submit the next updated HAR FSAR when it is currently due, the purpose of 10 CFR 50.71(e)(3)(iii) would go unfulfilled since the NRC has suspended its review of the HAR COLA, including the FSAR. The FSAR is an extensive document, and updating it requires significant effort. DEP believes that submitting an annual FSAR update in support of a COLA for which review has been suspended requires effort and resources in excess of those contemplated by the rule. As such, special circumstances are present under 10 CFR 50.12(a)(2}(iii), because complying with the schedule in the rule would result in undue hardship and unnecessary costs to DEP. Moreover, special circumstances are also present under 10 CFR 50.12(a)(2)(ii), because submitting the next FSAR update prior to reactivation of the HAR COLA review, or no later than December 31, 2024 would be consistent with the underlying purpose of the rule, which is to support an effective and efficient review by NRC staff and issuance of the staffs safety evaluation report.

In addition, special circumstances are present under 10 CFR 50.12(a)(2)(v), because DEP's exemption request seeks only temporary relief from the requirement in 10 CFR 50. 71 (e)(3)(iii).

DEP requests exemption from this requirement because the review of the HAR COLA is suspended. DEP has submitted five revisions to the HAR COLA FSAR since the initial application, the most recent by letter dated April 15, 2013 (Reference 4). As stated above, DEP commits to submitting the next HAR FSAR update prior to any request to NRC to reactivate the HAR COLA review should DEP decide to proceed with the COL application in the future.

Further, DEP will provide an update to the HAR FSAR, or take such other action as may be appropriate, no later than December 31, 2024. Accordingly, DEP is acting in good faith to comply with the regulation.

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 5 of 6 V. Conclusion Based on the considerations discussed above, the requested exemption:

(1) is authorized by law, (2) will not present an undue risk to public health and safety, (3) is consistent with the common defense and security, and (4) special circumstances are present.

Therefore, DEP requests that the Commission exempt DEP from the requirement of submitting updates to the HAR COLA FSAR until DEP requests reactivation of the NRC's HAR COLA review, or by no later than December 31, 2024.

VI. References

1.

Letter from James Scarola (PEC) to U.S. Nuclear Regulatory Commission (NRC),

"Application for Combined License for Shearon Harris Nuclear Power Plant Units 2 and 3," dated February 18, 2008, Serial: NPD-NRC-2008-001

2.

Letter from U.S. NRC to James Scarola (PEC), "Acceptance Review for the Shearon Harris Nuclear Power Plant Units 2 and 3 Combined License Application," dated April 17, 2008 (ADAMS Accession No. ML081070226)

3.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Combined License Application (COLA) Review," dated May 2, 2013 Serial: NPD-NRC-2013-019 (ADAMS Accession No. ML13123A344)

4.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Shearon Harris Nuclear Power Plant Units 2 and 3 Submittal of COL Application, Revision 5," dated April 15, 2013, Serial: NPD-NRC-2013-012

5.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated August 7, 2013, Serial: NPD-NRC-2013-034 (ADAMS Accession No. ML132208004)

6.

Letter from Brian Hughes (NRC) to Christopher M. Fallon (DEP), "Shearon Harris Nuclear Power Plant, Units 2 and 3 Combined License Application Exemption from the Requirements of 10 CFR 50.71(e)(3)(iii)," dated November 21, 2013 (ADAMS Accession No. ML13280A455)

7.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated August 1, 2014, Serial: NPD-NRC-2014-031 (ADAMS Accession No.ML14216A431)

8.

Duke Energy Progress Combined License Application for Shearon Harris Nuclear Power Plant Units 2 and 3 - Exemption Issuance; Federal Register Vol. 79, No. 232, 71791, dated December 3, 2014

U.S. Nuclear Regulatory Commission RA-19-0372, Enclosure Page 6 of 6

9.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated August 12, 2015, Serial: NPD-NRC-2015-036 (ADAMS Accession No. ML15226A353)

10.

Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plant Units 2 and 3 - Exemption Issuance; Federal Register Vol. 81, No. 43, 11606, dated March 4, 2016

11.

Letter from Christopher M. Fallon (DEP) to U.S. NRC, "Request for Exemption from 10 CFR 50.71(e)(3)(iii)," dated October 13, 2016, Serial: NPD-NRC-2016-019 (ADAMS Accession No. ML16288A815)

12.

Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plant Units 2 and 3 - Exemption Issuance; Federal Register Vol. 82, No. 11, 5611, dated January 18, 2017