|
---|
Category:Exemption from NRC Requirements
MONTHYEARML24009A1022024-01-26026 January 2024 Exemption from Select Requirements of 10 CF Part 73 (EPID L-2023-LLE-0045 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) LR-N23-0073, Request for Exemption from Specific Requirements in New 2023 Security Rule2023-11-17017 November 2023 Request for Exemption from Specific Requirements in New 2023 Security Rule ML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML22005A3232022-01-0707 January 2022 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2022-LLE-0000 (COVID-19)) LR-N22-0007, Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs2022-01-0505 January 2022 Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs ML21056A5422021-03-0303 March 2021 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Exemption from Select Requirements of 10 CFR Part 26 LR-N21-0020, Subsequent Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs2021-02-25025 February 2021 Subsequent Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs ML20358A2812020-12-28028 December 2020 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0239 (COVID-19)) LR-N20-0085, Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs2020-12-23023 December 2020 Request for Exemption from Specific Requirements of 10 CFR Part 26, Fitness for Duty Programs ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20315A4342020-12-0707 December 2020 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Temporary Exemption from the Exercise Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0164 (COVID-19)) ML20309A8872020-11-20020 November 2020 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - One-Time Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0168 (COVID-19)) LR-N20-0070, Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic2020-10-26026 October 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic LR-N20-0066, Exemption Request from 10 CFR 50 Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic2020-10-13013 October 2020 Exemption Request from 10 CFR 50 Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20204A9372020-08-0303 August 2020 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Exemptions from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0118 (Covid 19)) LR-N20-0049, LR-N20-0049 COVID-19 Email Exemption Request Security FOF - NRC for Salem Generating Station, Units 1 & 2 and Hope Creek Generating Station2020-07-21021 July 2020 LR-N20-0049 COVID-19 Email Exemption Request Security FOF - NRC for Salem Generating Station, Units 1 & 2 and Hope Creek Generating Station ML20148M3292020-05-29029 May 2020 Unit Nos. 1 and 2 - Exemption from Select Requirements of 10 CFR Part 55, Operators' Licenses (EPID L-2020-LLE-0065 (COVID-19)) ML20148M3182020-05-29029 May 2020 Exemption from Select Requirements of 10 CFR Part 55, Operators' Licenses (EPID L-2020-LLE-0066 (COVID-19)) ML20142A5122020-05-21021 May 2020 Part 55 Exemption Request for Power Reactors (COVID-19) (Redacted) ML20142A5132020-05-21021 May 2020 Part 55 Exemption Request for Power Reactors (COVID-19) (Redacted) ML20134J0832020-05-19019 May 2020 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 - Exemptions from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI ML20122A1402020-05-0707 May 2020 Exemption from Select Requirements of 10 CFR Part 55, Operators' Licenses (EPID L-2020-LLE-0048 (COVID-19)) ML20125A3792020-05-0707 May 2020 Exemption from Select Requirements of 10 CFR Part 55, Operators' Licenses (EPID L-2020-LLE-0049 (COVID-19)) ML20126G3782020-05-0404 May 2020 Part 55 Exemption Request (COVID-19)(Redacted) ML20126G3792020-05-0404 May 2020 Part 55 Exemption Request (COVID-19) (Redacted) NRC-2012-0264, Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (TAC Nos. ME7651, ME7652 and ME7653)2012-10-26026 October 2012 Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (TAC Nos. ME7651, ME7652 and ME7653) ML12299A0712012-10-26026 October 2012 and Salem Nuclear Generating Station, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs ML12299A0812012-10-26026 October 2012 and Salem Nuclear Generating Station, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs NRC-2010-0043, Hope Creek Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 and 2 Docket Nos. 50-272, 50-311 and 50-354 Exemption2010-02-25025 February 2010 Hope Creek Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 and 2 Docket Nos. 50-272, 50-311 and 50-354 Exemption ML1001203242010-02-25025 February 2010 and Salem Nuclear Generating Station, Unit Nos. 1 and 2 Docket Nos. 50-272, 50-311 and 50-354 Exemption LR-N08-0032, Request for Exemption from 10 CFR 50.82(a)(8)(i) and (Ii), NRC Regulations to Permit the Immediate Withdrawal of Certain Funds from Nuclear Decommissioning Trust Funds2008-04-0707 April 2008 Request for Exemption from 10 CFR 50.82(a)(8)(i) and (Ii), NRC Regulations to Permit the Immediate Withdrawal of Certain Funds from Nuclear Decommissioning Trust Funds ML0317407692003-06-24024 June 2003 Exemption, Exemption from Requirements of 10 CFR Part 50, Appedix R, Sections III.G.3 & III.L.3, for Fire Areas 1(2)-FA-AB-64B, 1(2)-FA--AB-84B, and 1(2)-FA-AB-84C ML0300902912003-01-0909 January 2003 Request for Exemption from 10 CFR 55.59 2024-01-26
[Table view] Category:Federal Register Notice
MONTHYEARML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML21294A3762021-11-16016 November 2021 Federal Register Notice for Order Approving Indirect Transfer of Licenses ML21172A2072021-06-24024 June 2021 FRN, Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, Opportunity for Hearing ML21172A2062021-06-24024 June 2021 Ltr, Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, Opportunity for Hearing 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) ML21091A0662021-04-23023 April 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in March 2021 ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML19312A4712020-01-15015 January 2020 FRN: Salem Nuclear Generating Station, Units 1 and 2, and Hope Creek Generating Station - Environmental Assessment and Finding of No Significant Impact Related to Changes to Emergency Plan Staffing Requirements ML19312A4352020-01-15015 January 2020 Environmental Assessment and Finding of No Significant Impact Related to Changes to Emergency Plan Staffing Requirements ML19337A0312019-12-11011 December 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 12/17/2019 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML18127B7232018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 NRC-2018-0096, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 20182018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 ML18045A5682018-02-26026 February 2018 FRN Re. Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Sig. Hazards Consideration Determination, and Opp. for Hearing ML18045A6552018-02-22022 February 2018 Transmittal Letter for Individual FRN for Salem Rod Position Indication NRC-2018-0039, Transmittal Letter for Individual FRN for Salem Rod Position Indication2018-02-22022 February 2018 Transmittal Letter for Individual FRN for Salem Rod Position Indication ML18002A3812018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, NRC-2018-0011, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: Februar2018-01-24024 January 2018 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: February 6, 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-2017-0238, 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 ML17248A2262017-09-15015 September 2017 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Publication Date: October 3, 2017 ML17109A0582017-04-25025 April 2017 Withdrawal of License Amendment Request to Revise Implementation Schedule - Federal Register Notice ML17109A0572017-04-25025 April 2017 Withdrawal of an Amendment Request NRC-2017-0082, Withdrawal of License Amendment Request to Revise Implementation Schedule - Federal Register Notice2017-04-25025 April 2017 Withdrawal of License Amendment Request to Revise Implementation Schedule - Federal Register Notice ML17080A2252017-03-22022 March 2017 FRN for Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing 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 ML16187A2232016-07-18018 July 2016 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 - Au NRC-2016-0143, 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 SUNSI2016-07-18018 July 2016 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 - Au ML16132A3862016-05-17017 May 2016 License Amendment Application, Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene Fr Notice ML16132A3662016-05-17017 May 2016 Individual Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, No Significant Hazards Consideration Determination, and Opportunity for Hearing (CAC Nos. MF7697 & MF7698) 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 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 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 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 ML15132A6682015-06-0404 June 2015 Hc and Salem, Unit 1 and 2 - Draft Environmental Assessment and Finding of No Significant Impact Related to the Proposed License Amendment to Update Appendix B to the Renewed Facility Operating Licenses 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 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 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 ML14149A3102014-05-30030 May 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 2014 NRC-2014-0132, FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 20142014-05-30030 May 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 2014 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 ML12299A0812012-10-26026 October 2012 and Salem Nuclear Generating Station, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs 2022-02-15
[Table view] |
Text
7590-01-P NUCLEAR REGULATORY COMMISSION PSEG NUCLEAR LLC HOPE CREEK GENERATING STATION AND SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2
DOCKET NOS. 50-272, 50-311 AND 50-354
[NRC-2010-0043]
EXEMPTION
1.0 BACKGROUND
PSEG Nuclear LLC (PSEG or the licensee) is the holder of Facility Operating License Nos. DPR-70, DPR-75, and NPF-57, which authorize operation of the Salem Nuclear Generating Station, Unit Nos. 1 and 2 (Salem), and Hope Creek Generating Station (HCGS).
The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facilities consist of two pressurized-water reactors, Salem Unit Nos. 1 and 2, and a boiling-water reactor, HCGS, located in Salem County, New Jersey.
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 as part of a final rule in the Federal Register on March 27, 2009 (74 FR 13926), requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security programs. The final rule became effective on May 26, 2009, and compliance with the final rule is required by March 31, 2010. The amendments to 10 CFR 73.55 published on March 27, 2009, establish and update generically applicable security requirements similar to those previously imposed by Commission orders issued after the terrorist attacks of September 11, 2001, and implemented by licensees.
In addition, the amendments to 10 CFR 73.55 include additional requirements to further enhance site security based upon insights gained from implementation of the post September 11, 2001, security orders. It is from three of these new requirements that PSEG now seeks an exemption from the March 31, 2010, implementation date for HCGS and Salem. All other physical security requirements established by this recent rulemaking have already been or will be implemented by the licensee by March 31, 2010. Specifically, by two letters dated November 3, 2009, PSEG requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." Due to the significant number of engineering design packages, procurement needs, and installation activities associated with the required security system upgrades, the licensee has requested an exemption from the March 31, 2010, implementation date specified in the new rule for three requirements in the rule. The items subject to the request for exemption are proposed to be implemented by December 17, 2010. The first letter, PSEG letter number LR-N09-0248 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093100223), contains one enclosure that was designated by the licensee as containing safeguards information and, accordingly, the enclosure is not available to the public. The second letter, PSEG letter number LR-N09-0249 (ADAMS Accession No.
ML093100222), including its two enclosures, is publicly available. The first enclosure is a redacted version of the safeguards enclosure in letter number LR-N09-0248 and the second enclosure is an environmental impact statement. Based on a discussion with the NRC staff, as documented in an e-mail dated November 12, 2009 (ADAMS Accession No. ML093200070), PSEG submitted a letter dated November 20, 2009, to clarify the exemption request. The November 20, 2009, letter contains safeguards information and, accordingly, is not publicly available.
On December 15, 2009, the NRC staff held a closed meeting with PSEG to discuss the proposed exemption. A summary of the meeting was issued by the NRC staff on December 28, 2009 (ADAMS Accession No. ML093500644). As follow-up to the meeting, PSEG submitted two letters, dated December 22, 2009, that superseded the November 3, and November 20, 2009, submittals, with the exception of the environmental impact statement. The first letter, PSEG letter number LR-N09-0313, contains safeguards information and, accordingly, is not available to the public. The second letter, PSEG letter number LR-N09-0314 (ADAMS Accession No. ML093640062), is publicly available and contains a redacted version of the safeguards information contained in letter number LR-N09-0313. Being granted this exemption for the three items would allow the licensee additional time to complete the upgrades to the HCGS - Salem security system as required by the recent revisions to 10 CFR 73.55.
3.0 DISCUSSION
OF PART 73 SCHEDULE EXEMPTIONS FROM THE MARCH 31, 2010, FULL IMPLEMENTATION DATE Pursuant to 10 CFR 73.55(a)(1), "By March 31, 2010, each nuclear power reactor licensee, licensed under 10 CFR Part 50, shall implement the requirements of this section through its Commission-approved Physical Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, and Cyber Security Plan referred to collectively hereafter as
'security plans.'" Pursuant to 10 CFR 73.5, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the exemptions are authorized by law, and will not endanger life or property or the common defense and security, and are otherwise in the public interest. NRC approval of this exemption request would, as noted above, allow an extension from March 31, 2010, until December 17, 2010, for the three specific portions of the rule. The NRC staff has determined that granting of the licensee's proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations.
Therefore, NRC approval of the licensee's exemption request is authorized by law.
In the draft final rule sent to the Commission on July 9, 2008 (ADAMS Accession No. ML081780209), the NRC staff proposed that the requirements of the new regulation be met within 180 days. The Commission directed a change from 180 days to approximately 1 year for licensees to fully implement the new requirements. This change was incorporated into the final rule. From this, it is clear that the Commission wanted to provide a reasonable timeframe for licensees to achieve full compliance. As noted in the final rule, the Commission also anticipated that licensees would have to conduct site-specific analyses to determine what changes were necessary to implement the rule's requirements, and that changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected a generic industry request to extend the rule's compliance date for all operating nuclear power plants, but noted that the Commission's regulations provide mechanisms for individual licensees, with good cause, to apply for relief from the compliance date (
Reference:
June 4, 2009, letter from R. W. Borchardt, NRC, to M. S. Fertel, Nuclear Energy Institute, ADAMS Accession No. ML091410309). The licensee's request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009, letter. HCGS - Salem Schedule Exemption Request The licensee provided detailed information regarding the proposed exemption in the enclosure to its letter dated December 22, 2009. The enclosure describes a comprehensive plan to upgrade the HCGS - Salem security system to meet the new requirements in 10 CFR Part 73. Due to the significant number of engineering design packages, procurement needs, and installation activities associated with the required security system upgrades, the licensee has requested an exemption from the March 31, 2010, implementation date specified in the new rule for three specific requirements in the rule. The three items subject to the request for exemption are proposed to be implemented by December 17, 2010. The enclosure to the licensee's letter dated December 22, 2009, details the specific portions of the regulation for which the site cannot be in compliance by the March 31, 2010, implementation date, along with justifications for each of the proposed non-compliances. The enclosure also provides a milestone schedule with the activities necessary to bring the licensee into full compliance with 10 CFR 73.55 by December 17, 2010. Notwithstanding the schedular exemptions for these limited requirements, 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 December 17, 2010, HCGS and Salem 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 staff has reviewed the licensee's submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to December 17, 2010, with regard to three specified requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, "Specific exemptions," an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption.
The NRC staff has determined that the long-term benefits that will be realized when the security upgrades are complete justifies extending the March 31, 2010, full compliance date for the three items in the licensee's exemption request. The security measures that the licensee needs additional time to implement are new requirements imposed by March 27, 2009, amendments to 10 CFR 73.55, and are in addition to those required by the security orders issued in response to the events of September 11, 2001. Therefore, the NRC staff concludes that the licensee's actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption.
As per the licensee's request and the NRC's regulatory authority to grant an exemption from the March 31, 2010, implementation deadline for the three items specified in the enclosure to PSEG's letter dated December 22, 2009, the licensee is required to be in full compliance with 10 CFR 73.55 by December 17, 2010. 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 (75 FR 6223; dated February 8, 2010).
This exemption is effective upon issuance. Dated at Rockville, Maryland, this 25th day of February 2010. FOR THE NUCLEAR REGULATORY COMMISSION
/RA/ Allen G. Howe, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation