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Category:Exemption from NRC Requirements
MONTHYEARML23356A1232024-01-29029 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting) ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20317A2592020-12-21021 December 2020 Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1) (EPID L-2020-LLE-0177 (COVID-19)) ML20297A2392020-11-0909 November 2020 Temporary Exemption Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0162 (COVID-19)) L-PI-20-050, Request for a One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements, Due to COVID-19 Pandemic2020-10-0707 October 2020 Request for a One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements, Due to COVID-19 Pandemic ML20184A0132020-07-22022 July 2020 Units 1 and 2 and Prairie Island ISFSI - Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Sections I, II, IV, and VI (EPID L-2020-LLE-0108 (COVID-19)) ML15107A4952015-04-23023 April 2015 Ltr J E Lynch, Issuance of Exemption from Portions of 10 CFR Part 73.51(d)(3) for the Prairie Island ISFSI (50-282, 50-306, 72-10) TAC L24750 ML1024302392010-11-22022 November 2010 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50, to Allow Use of Optimized Zirlo as Fuel Rod Cladding Material ML0934105422010-02-23023 February 2010 Exemption ML0934105312010-02-23023 February 2010 Cover Letter - Exemption from the Requirements of 10 CFR Part 73 Section 73.55 NRC-2010-0046, Exemption2010-02-23023 February 2010 Exemption ML0611100322006-05-22022 May 2006 Exemption to 10 CFR 50.71(e)(4) 2024-01-29
[Table view] Category:Federal Register Notice
MONTHYEARML23235A0762023-09-0101 September 2023 FRN: Docketing- Prairie Island ISFSI Amendment Request 12 ML21280A3852021-10-15015 October 2021 FRN -Prairie Island Nuclear Generating Plant, Units 1 and 2 Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity Fo ML21280A3842021-10-15015 October 2021 Individual Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20247J3972020-10-30030 October 2020 Federal Register - Notice of Issuance of License Amendment Application ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 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 ML19162A1632019-06-21021 June 2019 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations NRC-2019-0065, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/20192019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 ML19056A5352019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 ML19042A3062019-02-15015 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 2/26/2019 ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C 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 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 ML18068A1792018-04-0404 April 2018 Federal Register Notice: 72-10 Renewed License Amendment 10 ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML15239A6882015-09-17017 September 2015 Withdrawal of an Amendment Request ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015 ML14266A1912014-08-11011 August 2014 Draft FRN - Issuance of Environmental Assessment and Finding of No Significant Impact (Prairie Island ISFSI Exemption) 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 ML14100A3112014-04-0909 April 2014 Frn/Draft - Issuance of Environmental Assessment and Finding of No Significant Impact - PI-PSP Exemption 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 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 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 ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status ML11349A0052011-12-15015 December 2011 Biweekly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations: Fr Publication Date December 27, 2011 NRC-2011-0290, Biweekly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations: Fr Publication Date December 27, 20112011-12-15015 December 2011 Biweekly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations: Fr Publication Date December 27, 2011 ML11237A0072011-08-25025 August 2011 FRN: General Notice. Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 9/6/11 NRC-2011-0205, FRN: General Notice. Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 9/6/112011-08-25025 August 2011 FRN: General Notice. Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 9/6/11 NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 NRC-2009-0507, Prairie Island Nuclear Generating Plant, Units 1 and 2 Notice of Issuance of Renewed Facility Operating License Nos. DPR-42 and DPR-60 for an Additional 20-Year Period Record of Decision2011-06-27027 June 2011 Prairie Island Nuclear Generating Plant, Units 1 and 2 Notice of Issuance of Renewed Facility Operating License Nos. DPR-42 and DPR-60 for an Additional 20-Year Period Record of Decision ML11147A1232011-06-27027 June 2011 Issuance of Renewed Facility Operating Licenses for Prairie Island Nuclear Generating Plant ML11147A1402011-06-27027 June 2011 Notice of Issuance of Renewed Facility Operating License Nos. DPR-42 and DPR-60 for an Additional 20-Year Period Record of Decision ML1107400442011-05-17017 May 2011 Notice of Availability of the Final Plant-Specific Supplement 39 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Prairie Island Nuclear Generating Plant, Units 1 and 2 ML1105303992011-02-23023 February 2011 FRN: General Notice: Prairie Island Nuclear Generating Plant, Unit 1 - Correction to Notice of Consideration of Issuance of Amendments to Facility Operating Licenses Involving No Significant Hazards Consideration; Correction ML1104103732011-02-10010 February 2011 Sholly Report for Fr Publication on February 22, 2011 NRC-2011-0040, Sholly Report for Fr Publication on February 22, 20112011-02-10010 February 2011 Sholly Report for Fr Publication on February 22, 2011 ML1024302392010-11-22022 November 2010 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50, to Allow Use of Optimized Zirlo as Fuel Rod Cladding Material ML1026407762010-10-0101 October 2010 Withdrawal of an Amendment Request ML1026407802010-10-0101 October 2010 United States Nuclear Regulatory Commission Northern States Power Company - Minnesota Docket Nos. 50-282 and 50-306 Notice of Withdrawal of Application for Amendment to Facility Operating License NRC-2010-0325, United States Nuclear Regulatory Commission Northern States Power Company - Minnesota Docket Nos. 50-282 and 50-306 Notice of Withdrawal of Application for Amendment to Facility Operating License2010-10-0101 October 2010 United States Nuclear Regulatory Commission Northern States Power Company - Minnesota Docket Nos. 50-282 and 50-306 Notice of Withdrawal of Application for Amendment to Facility Operating License ML1017201962010-09-27027 September 2010 Environmental Assessment and Finding of No Significant Impact NRC-2010-0324, Environmental Assessment and Finding of No Significant Impact2010-09-27027 September 2010 Environmental Assessment and Finding of No Significant Impact ML1016500342010-07-20020 July 2010 G20090510/EDATS: OEDO-2009-0541 - Federal Register Notice of Issuance of Director'S Decision Under 10 CFR 2.206 ML0934105312010-02-23023 February 2010 Cover Letter - Exemption from the Requirements of 10 CFR Part 73 Section 73.55 NRC-2010-0046, Exemption2010-02-23023 February 2010 Exemption 2023-09-01
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7590-01-P NUCLEAR REGULATORY COMMISSION NORTHERN STATES POWER COMPANY - MINNESOTA PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 DOCKET NOS. 50-282 AND 50-306
[NRC-2010-0046]
EXEMPTION
1.0 BACKGROUND
Northern States Power Company, a Minnesota corporation (NSPM, the licensee) is the holder of Facility Operating License Nos. DPR-42 and DPR-60, which authorize operation of the Prairie Island Nuclear Generating Plant, Units 1 and 2 (PINGP). 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 facility consists of two pressurized-water reactors located in Goodhue County, Minnesota.
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 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 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 five of these new requirements that PINGP now seeks an exemption from the March 31, 2010 implementation date. All other physical security requirements established by this recent rulemaking have already been or will be implemented by the licensee by March 31, 2010.
By letter dated November 5, 2009, as supplemented by letters dated November 30 and December 17, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." The licensee's November 5 and December 17, 2009, letters, and certain portions of its November 30, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100050096), letter, contain security-related information and, accordingly, are not available to the public. The licensee has requested an exemption from the March 31, 2010, compliance date identified in 10 CFR 73.55(a)(1), stating that specific parts of the new requirements will require more time to implement before all requirements can be met. Specifically, the request is to extend the compliance date for five specific requirements from the current March 31, 2010, deadline to June 30, 2011. Being granted this exemption for the five requirements would allow the licensee to complete the modifications designed to provide significant upgrades to the security system to meet the noted regulatory requirements.
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 would, as noted above, extend the required compliance date for the requirements specified in the licensee's request from March 31, 2010, to June 30, 2011, for five specific requirements of the new rule. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR Part 73. 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, the exemption is authorized by law. In the draft final rule provided to the Commission on July 9, 2008, 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 Power Reactor Security Requirements rule (74 FR 13925, March 27, 2009), 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 these 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). 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. PINGP Schedule Exemption Request The licensee provided detailed information in Enclosures 1 and 2 of its November 5, 2009, submittal letter requesting an exemption, as well as in its supplemental letter dated December 17, 2009. It describes a comprehensive plan to upgrade the security capabilities of the PINGP site and provides a timeline for achieving full compliance with the new regulation.
Enclosures 1 and 2 contain security-related information regarding the site security plan, details of specific portions of the regulation for which the site cannot be in compliance by the March 31, 2010, deadline and why, the required changes to the site's security configuration, and a timeline with critical path activities that will bring the licensee into full compliance by June 30, 2011. The licensee stated that the schedule for the physical modifications associated with this request were developed based on current information and anticipated impediments to construction such as planned refueling outages at both Units 1 and 2 and winter weather conditions that may impair construction due to frozen ground or extreme cold that creates personnel safety issues. Enclosure 2 to the November 5, 2009, submittal includes a timeline that provides dates indicating when (1) construction will begin on various phases of the project, (2) outages are scheduled for each unit, and (3) critical equipment will be ordered, installed, and become operational. 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 June 30, 2011, PINGP 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 exemption from the March 31, 2010, compliance date to June 30, 2011, with regard to the specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, "Specific exemptions," 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 these projects are complete justify extending the March 31, 2010, full compliance date with regard to the specified requirements of 10 CFR 73.55 for this particular licensee. The security measures, that PINGP 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, it is concluded 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, compliance date for the five requirements specified in Enclosure 1 of the NSPM letter dated November 5, 2009, the licensee is required to be in full compliance by June 30, 2011. 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 6225; dated February 8, 2010]. This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 23rd 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