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Category:Exemption from NRC Requirements
MONTHYEARML23334A2462023-11-30030 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML20342A0032020-12-18018 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(I)(1)I (EPID L-2020-LLE-0225 (Covid 19)) ML20182A7182020-07-10010 July 2020 Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0106 (COVID-19)) ML1001508612010-03-0909 March 2010 Transmittal Letter - Exemption from 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 ML1000706442010-03-0101 March 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML1000706862010-03-0101 March 2010 FRN: General Notice. Virgil C. Summer Nuclear Station, Unit 1 - FRN - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 NRC-2010-0067, FRN: General Notice. Virgil C. Summer Nuclear Station, Unit 1 - FRN - Exemption from the Requirements of 10 CFR Part 73, Section 73.552010-03-0101 March 2010 FRN: General Notice. Virgil C. Summer Nuclear Station, Unit 1 - FRN - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0932402052009-12-17017 December 2009 One Time Exemption from the Requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b ML0932401592009-12-17017 December 2009 One Time Exemption from the Requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b ML0812208272008-05-23023 May 2008 Correction to Exemption Issued on March 13, 2008, from the Requirements of 10 CFR Part 50, Section 50.44, 50.46, and Appendix K ML0800704662008-03-13013 March 2008 V.C. Summer Nuclear Station - Exemption from the Requirements of 10 CFR Part 50, Sections 50.44, and Appendix K 2023-11-30
[Table view] Category:Federal Register Notice
MONTHYEARML23235A0422023-09-0505 September 2023 VC Summer SLRA Availability FRN ML18198A3002019-03-0808 March 2019 Combined License Termination Federal Register Notice 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 ML18276A1562018-10-0505 October 2018 Federal Register Notice of Corrected Orders of the Indirect License Transfer Issuance NRC-2018-0043, Federal Register Notice of Corrected Orders of the Indirect License Transfer Issuance2018-10-0505 October 2018 Federal Register Notice of Corrected Orders of the Indirect License Transfer Issuance ML18243A0872018-09-0505 September 2018 Individual Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License NPF-12, Proposed No Significant Hazards Consideration,(Exigent Circumstances) ML18243A1162018-09-0505 September 2018 Exigent 14-day FRN 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-2018-0140, 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 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-2018-0096, 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 ML18067A1522018-03-26026 March 2018 Individual Federal Register Notice - Vogtle Electric Generating Plant Units 3 and 4 LAR 17-038 ML18017B0182018-03-0505 March 2018 Federal Register Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing ML18016A6452018-03-0505 March 2018 Transmittal Letter of Federal Register Notice of Consideration of Approval of Application Regarding Proposed Indirect License Transfer and Opportunity for a Hearing 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 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 NRC-2017-0142, 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: July 5,2017-06-19019 June 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: July 5, 2017 ML17153A3782017-06-19019 June 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: July 5, 2017 NRC-2017-0047, 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: March 82017-03-0202 March 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: March 8, 201 ML17038A1292017-03-0202 March 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: March 8, 201 ML17003A2422017-01-24024 January 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: February 7, NRC-2016-0240, FRN: 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: De2016-11-22022 November 2016 FRN: 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: Decembe ML16313A1592016-11-22022 November 2016 FRN: 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: Decembe ML16271A0922016-09-28028 September 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016 ML16229A2552016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 NRC-2016-0180, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 20162016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 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 ML16145A2252016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 2016 NRC-2016-0107, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 20162016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 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 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 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 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 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 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 ML15203A8332015-08-0303 August 2015 Withdrawal of an Amendment Request, Enclosure 1, Federal Register Notice NRC-2014-0271, Withdrawal of an Amendment Request, Enclosure 1, Federal Register Notice2015-08-0303 August 2015 Withdrawal of an Amendment Request, Enclosure 1, Federal Register Notice ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 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 NRC-2015-0104, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register2015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML15106A9162015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML15022A6532015-01-26026 January 2015 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 3, 2015 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 NRC-2014-0193, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 20142014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 2023-09-05
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7590-01-P NUCLEAR REGULATORY COMMISSION SOUTH CAROLINA ELECTRIC AND GAS COMPANY VIRGIL C. SUMMER NUCLEAR STATION, UNIT 1 DOCKET NO. 50-395\
[NRC-2010-0067]
EXEMPTION
1.0 BACKGROUND
South Carolina Electric and Gas Company, (SCE&G, the licensee) is the holder of Facility Operating License No. NPF-12, which authorizes operation of the Virgil C. Summer Nuclear Station, Unit 1 (VCSNS). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of a pressurized water reactor located in Fairfield County, South Carolina. 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 plans. 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 two of these new requirements that VCSNS 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.
On December 11, 2009, the licensee submitted two letters, SCE&G designation RC-09-0154 (NRC ADAMS ML093490316) and RC-09-0148 (NRC ADAMS ML093480496 and ML093480497), requesting an exemption in accordance with 10 CFR 73.5, "Specific exemptions." SCE&G's letter RC-09-0148, contains security-related information and, accordingly, is not available to the public. SCE&G's letter RC-09-0154 is a redacted version of RC-09-0148 that does not contain security related information. The licensee has requested an exemption from the March 31, 2010, compliance date for two provisions of the revised 10 CFR Part 73, stating that the scope of work necessary to complete these two provisions would require a schedule going past the March 31, 2010, implementation date in the revised 10 CFR Part 73. Specifically, the request is to extend the compliance date for two specific requirements from the current March 31, 2010 deadline to September 30, 2010. Being granted this exemption for the two items would allow the licensee to complete the study, design, planning, procurement, construction, testing, and project closeout for the two areas on a schedule that will allow adherence to the licensee's design control and work control processes.
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, allow an extension from March 31, 2010, until September 30, 2010, for the implementation date for two specific requirements of the new 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, the exemption is authorized by law.
In the draft final rule provided to the Commission, (SECY-08-0099, dated 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 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). The licensee's request for an exemption is therefore consistent with the approach set forth by the Commission as discussed in the June 4, 2009, letter. VCSNS Schedule Exemption Request The licensee provided detailed information in Enclosures 1 and 2 and attachment 1 (NRC ADAMS ML 093480496) of its letter dated December 11, 2009 (RC-09-0148), requesting an exemption. It describes a plan that proceeds from the now completed study phase to the major activities of design development of the engineering change request package to support the activities necessary for full compliance with Part 73. These activities include the required plant modifications; design development of custom computer software; detailed field planning; work document development; schedule integration including integration of the new equipment with the existing security system; material procurement; field implementation of the required plant modifications including installation of fiber optic cables, large and small diameter conduit and distribution boxes; connections to the computer system; and project closeout. SCE&G has also provided a timeline for achieving full compliance with the new regulation that shows the design, planning procurement, construction, testing, and project closeout activities. SCE&G stated that the project schedule takes into consideration the logistical efforts required to maintain the current defensive strategy while implementing the security system upgrade. SCE&G's letter (RC-09-0148) and its Enclosures 1 and 2 and Attachment 1 (ADAMS ML093480496 and ML093480497) contains security-related information regarding the site security issues, details of specific portions of the new regulation with which SCE&G cannot be in compliance by the March 31, 2010, deadline, why the required changes to the VCSNS security configuration could not be completed by March 31, 2010, and a timeline with critical path activities that would enable SCE&G to achieve full compliance by September 30, 2010. The timeline provides milestone dates for engineering, planning and procurement, implementation, startup and testing, engineering closeout, and project closeout. Notwithstanding the scheduler 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 September 30, 2010, VCSNS will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The NRC staff has reviewed the licensee's submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to September 30, 2010, with regard to two specific 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 licensee's equipment installation is complete justifies extending the full compliance date with regard to the specific requirements of 10 CFR 73.55. The security measures, that SCE&G needs additional time to implement, are new requirements imposed by the 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, implementation deadline for the two requirements specified in the licensee's two letters dated December 11, 2009, the licensee is required to be in full compliance by September 30, 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 8756; dated February 25, 2010. This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 1 st day of March, 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/ Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation