ML100810310

ME2839 & ME2840, Correction Letter Correction Fr Notice for EA-FR for Publication in Fr and Corrected Fr Notice for Exemption Prior to Publication in Fr

ML100810310
Person / Time
Site:	Susquehanna
Issue date:	03/29/2010
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Rausch T Susquehanna
vaidya B, NRR/Dorl/lpl1-1, 415-3308
References
TAC ME2839, TAC ME2840
Download: ML100810310 (9)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 29, 2010 Mr. Timothy S. Rausch Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC 769 Salem Boulevard Berwick, PA 18603-0467 SUB~IECT: SUSQUEHANNA STEAM ELECTRIC STATION, UNITS 1 AND 2 CORRECTION LETTER FOR ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT RE: EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 73, SECTION 73.55 IMPLEMENTATIOI\J DEADLINE FOR PHYSICAL SECURITY PLANS (TAC NOS. ME2839 AND ME2840)

Dear Mr. Rausch:

By letters dated March 11,2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100110253), and March 19,2010 (ADAMS Accession No. ML100110292). the Nuclear Regulatory Commission (NRC) issued the Environmental Assessment and Finding of No Significant Impact (EA) and the approval of the Exemption request to Facility Operating License Nos. NPF-14 and I\IPF-22, for Units 1 and 2, respectively, for the Susquehanna Steam Electric Station (SSES).

The above documents were in response to your request for exemptions dated December 3, 2009, as supplemented by letters dated January 8 and 29, 2010, for the extension of the March 31, 2010, implementation date for certain security requirements of Title 10 of the Code of Federal Regulations, Part 73, "PHYSICAL PROTECTION OF PLANTS AND MATERIALS,"

issued by NRC in a Final Rule dated March 27, 2009 (74 FR 13926).

The NRC letter of issuance for the EA dated March 11, 2010, stated that the proposed exemption would allow an extension from the March 31, 2010, implementation date for some specific requirements, until October 29, 2010, for two requirements and until July 31, 2011, for one other requirement. The EA was published in the Federal Register (FR) on March 19, 2010 (75 FR 13322). The exemption approval letter dated March 19, 2010, stated the same terms for the extension and implementation dates.

Subsequent to the issuance of the exemption approval letter, the NRC staff noted that the licensee's supplemental letter dated January 29, 2010, revised the original exemption request.

The supplement revised the number of requirements that would be extended on the proposed dates. (i.e., the revision stated that one specific requirement would be extended until October 29, 2010, and two specific requirements would be extended until July 31, 2011). This revision was not reflected in the NRC letter of issuance for the EA dated March 11, 2010, the NRC letter of issuance for the exemption approval dated March 19, 2010, nor was it correctly stated in the EA as published in the Federal Register on March 19, 2010 (75 FR 13322).

A copy of the Correction FR Notice for the Environmental Assessment and Finding of No Significant Impact is enclosed. It has been forwarded to the Office of the Federal Register for publication. Coincidentally, the error was corrected in the Exemption before being published in

T. S. Rausch -2 the Federal Register on March 29, 2010 (75 FR 15462). A copy of the published Exemption is enclosed.

The NRC regrets any inconvenience that these inadvertent editorial errors may have caused. If there are any questions regarding this matter, please contact me at 301-415-3308.

Sincerely,

~~

~:'~:.-

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-387 and 50-388

Enclosures:

as stated cc w/encls: Distribution via Listserv 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NOS. 50-387 AND 50-388 PPL SUSQUEHANNA, LLC.

SUSQUEHANNA STEAM ELECTRIC STATION, UNITS 1 AND 2 CORRECTION TO FEDERAL REGISTER NOTICE FOR ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT AGENCY: Nuclear Regulatory Commission ACTION: Notice of Issuance - Correction

SUMMARY

This document corrects a notice appearing in the Federal Register on March 19, 2010 (75 FR 13322), that incorrectly stated the number of exemptions requested by the licensee and the corresponding implementation date. This action is necessary to correct erroneous information.

FOR FURTHER INFORMATION CONTACT: Bhalchandra K. Vaidya, NRR/DORLlPM, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone (301) 415-3308, e-mail: Bhalchandra.Vaidya@nrc.gov.

SUPPLEMENTARY INFORMATION:

(1) On page 13322, in the first column, third complete paragraph, lines twelve, thirteen, and fourteen, it reads, "October 29, 2010, for two requirements and until July 31, 2011, for one other requirement. The proposed action, an" and is corrected to read "October 29, 2010, for one requirement and until July 31, 2011, for two other requirements. The proposed action, an" (2) On page 13322, in the second column, third complete paragraph, lines two, three, and four, it reads, "until October 29, 2010, for two requirements and until July 31, 2011, for one other requirement" and is corrected to read, "until October 29,2010, for one requirement and until July 31,2011, for two other requirements."

(3) On page 13322, in the third column, second complete paragraph, last line, it reads, "13926,13967 (March 27, 2009)]" and is corrected to read, "13926 (March 27,2009)]".

(4) On page 13322, in the third column, third complete paragraph, lines nine, ten, and eleven, it reads, "October 29, 2010, for two requirements and until July 31, 2011, for one other requirement, would not have any" and is corrected to read, "October 29, 2010, for one requirement and until July 31, 2011, for two other requirements, would not have any".

-2 Dated in Rockville, Maryland, this 29th day of March 2010.

FOR THE NUCLEAR REGULATORY COMMISSION Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation 15462 Federal Register/Vol. 75, No. 59/Monday, March Z9, Z009/Notices home page site for 60 days after the 2.0 Request/Action 3.0 Discussion of Part 73 Schedule signature date of this notice. Comments Exemptions From the March 31, 2010, submitted in writing or in electronic Title 10 of the Code of Federal Full Implementation Date form will be made available for public Regulations (10 CFR) part 73, "PHYSICAL PROTECTION OF PLANTS Pursuant to 10 CFR 73.55(a)(1), "By inspection. Because your comments will March 31, 2010, each nuclear power not be edited to remove any identifying AND MATERIALS," section 73.55, reactor licensee, licensed under 10 CFR or contact information, the NRC "Requirements for physical protection of part 50, shall implement the cautions you against including any licensed activities in nuclear power requirements of this section through its information in your submission that you reactors against radiological sabotage," Commission-approved Physical Security do not want to be publicly disclosed. published March 27, 2009, effective Plan, Training and Qualification Plan, Comments submitted should reference May 26,2009, with a full Safeguards Contingency Plan, and Cyber Docket No. NRC-2010-0113. You may implementation date of March 31,2010, Security Plan referred to collectively submit your comments by any of the requires licensees to protect, with high hereafter as 'security plans.'" Pursuant following methods. Electronic assurance, against radiological sabotage to 10 CFR 73.5, the Commission may, comments; Go to http;// by designing and implementing upon application by any interested www.regulations.gov and search for comprehensive site security programs. person or upon its own initiative, grant Docket No. NRC-2010-0113. Mail The amendments to 10 CFR 73.55 exemptions from the requirements of 10 comments to NRC Clearance Officer, published on March 27, 2009, establish CFR part 73 when the exemptions are Tremaine Donnell (T-5 F53), U.S. and update generically applicable authorized by law, and will not Nuclear Regulatory Commission, security requirements similar to those endanger life or property or the common Washington, DC 20555-0001. Questions previously imposed by Commission defense and security, and are otherwise about the information collection orders issued after the terrorist attacks in the public interest.

requirements may be directed to the of September 11, 2001, and This NRC approval of the exemption NRC Clearance Officer, Tremaine implemented by licensees. In addition, as noted above, would allow an Donnell (T-5 F53), U.S. Nuclear the amendments to 10 CFR 73.55 extension of implementation date in the Regulatory Commission, Washington, include additional requirements to new rule from March 31,2010, to DC 20555-0001, by telephone at 301 further enhance site security based upon October 29, 2010, for one specific 415-6258, or bye-mail to insights gained from implementation of requirement and until [uly 31,2011, for INFOCOLLECTS.Resource@NRG.GOV. two other requirements. As stated the post-September 11, 2001, security Dated at Rockville, Maryland, this 17th day orders. It is from three of these new above, 10 CFR 73.5 allows the NRC to of March 2010. grant exemptions from the requirements requirements that PPL now seeks an of 10 CFR part 73. The NRC staff has For the Nuclear Regulatory Commission. exemption from the March 31, 2010, determined that granting of the Tremaine Donnell, implementation date. All other physical licensee's proposed exemption would NRC Clearance Officer, Office ofInformation security requirements established by not result in a violation of the Atomic Services. this recent rulemaking have already Energy Act of 1954, as amended or the IFR Doc. 2010-6883 Filed 3-26-10; 8:45 am] been or will be implemented by the Commission's regulations. Therefore, BILLING CODE 7591H11-P licensee by March 31, 2010. the NRC approval of the licensee's By letter dated December 3,2009, as exemption request is authorized by law.

supplemented by letters dated January 8 In the draft final power reactor NUCLEAR REGULATORY and 29, 2010, the licensee requested an security rule provided to the COMMISSION exemption in accordance with 10 CFR Commission, the NRC staff proposed 73.5, "Specific exemptions." The that the requirements of the new

[Docket Nos. 50-387 and 50-388; NRC portions of the licensee's letters dated regulation be met within 180 days. The 2010-0109l December 3,2009, as supplemented by Commission directed a change from 180 letters dated January 8 and 29, 2010, days to approximately 1 year for PPL Susquehanna, LLCj Susquehanna contain sensitive security information licensees to fully implement the new Steam Electric Station, Units 1 and 2; and accordingly are withheld from requirements. This change was Exemption public disclosure in accordance with 10 incorporated into the final rule. From CFR 2.390. The licensee has requested this, it is clear that the Commission 1.0 Background wanted to provide a reasonable an exemption from the March 31, 2010, timeframe for licensees to achieve full PPL Susquehanna, LLC (PPL or the compliance date, stating that it must compliance.

licensee) is the holder of Renewed complete a number of significant As noted in the final rule, the Facility Operating License Nos. NPF-14 modifications to the current site security Commission also anticipated that and NPF-22, which authorize operation configuration before all requirements licensees would have to conduct site of the Susquehanna Steam Electric can be met. Specifically, the request is specific analyses to determine what Station (SSES), Units 1 and 2. The to extend the compliance date for one changes were necessary to implement licenses provide, among other things, specific requirement to October 29, the rule's requirements, and that that the facility is subject to all rules, 2010, and until July 31, 2011, for two changes could be accomplished through regulations, and orders of the U.S. other requirements from the current a variety of licensing mechanisms, Nuclear Regulatory Commission (NRC, March 31, 2010, deadline. Being granted including exemptions. Since issuance of the Commission) now or hereafter in this exemption for the three items the final rule, the Commission has effect, would allow the licensee to complete rejected a generic industry request to The facility consists of two boiling the modifications designed to update extend the rule's compliance date for all water reactors located in Luzerne aging equipment and incorporate state operating nuclear power plants, but County, Commonwealth of of-the-art technology to meet or exceed noted that the Commission's regulations Pennsylvania. the noted regulatory requirements. provide mechanisms for individual

Federal Register/Vol. 75, No. 59/Monday, March 29, 2009/Notices 15463 licensees, with good cause, to apply for all other applicable physical security has previously determined that the relief from the compliance date requirements as described in 10 CFR granting of this exemption will not have

(

Reference:

letter dated June 4, 2009, 73.55 and reflected in its current NRC a significant effect on the quality of the from RW. Borchardt, NRC, to M.S. approved physical security program. By human environment 75 FR 13322; dated Fertel, Nuclear Energy Institute, July 31,2011, SSES, Units 1 and 2 will March 19, 2010.

Agencywide Documents Access and be in full compliance with all the This exemption is effective upon Management System (ADAMS) regulatory requirements of 10 CFR issuance.

Accession Number ML091410309). The 73.55, as issued on March 27, 2009. Dated at Rockville, Maryland this 22nd day licensee's request for an exemption is, of March 2010, 4.0 Conclusion for Part 73 Schedule therefore, consistent with the approach For the Nuclear RegulatoryCommission.

Exemption Request set forth by the Commission and Joseph G. Giitter, discussed in the letter dated June 4, The staff has reviewed the licensee's submittals and concludes that the Director, Division of Operating Reactor 2009, Licensing, Office of Nuclear Reactor licensee has provided adequate Regulation.

SSES Units 1 and 2 Schedule justification for its request for an Exemption Request [FR Doc. 2010-6885 Filed 3-26-10; 8:45 ami extension of the compliance date to July BILLING CODE 759D-01-P The licensee provided detailed 31,2011, with regard to three specified information in its submissions dated requirements of 10 CFR 73.55.

December 3,2009, as supplemented by Accordingly, the Commission has letters dated January 8 and 29, 2010, determined that pursuant to 10 CFR OFFICE OF PERSONNEL requesting an exemption. In its 73.5, "Specific exemptions," an MANAGEMENT submissions, PPL stated that exemption from the March 31,2010, National Council on Federal Labor implementation of specific parts of the compliance date is authorized by law Management Relations Meeting new requirements will require more and will not endanger life or property or time to implement since they involve the common defense and security, and AGENCY: Office of Personnel significant physical modifications is otherwise in the public interest. Management.

requiring: (1) Specific parts that are Therefore, the Commission hereby ACTION: Notice of meeting.

proving to be long lead time items, (2) grants the requested exemption.

specialized industry expertise whose The NRC staff has determined that the

SUMMARY

The National Council on availability is being challenged by the long-term benefits that will be realized Federal Labor-Management Relations significant demand for a limited when the modifications described in will hold its second and third meetings resource, or (3) a major interface with PPL's letter dated December 3,2009, as on April 7, 2010 and May 5,2010 at the the plant for installation that must be supplemented by letters dated January 8 time and location shown below. The carefully planned and implemented to and 29, 2010, are complete, justifies Council is an advisory body composed avoid impact to the plant protective exceeding the full compliance date in of representatives of Federal employee strategy. The licensee provided a the case of this particular licensee. The organizations, Federal management timeline for achieving full compliance security measures PPL needs additional organizations, and senior government with the new regulation. The licensee's time to implement are new officials. The Council was established submissions dated December 3, 2009, as requirements imposed by March 27, by Executive Order 13522, entitled, supplemented by letters dated January 8 2009, amendments to 10 CFR 73.55, and "Creating Labor-Management Forums to and 29, 2010, contain sensitive security are in addition to those required by the Improve Delivery of Government information regarding (1) The site security orders issued in response to the Services," which was signed by the security plan, (2) details of the specific events of September 11,2001. President on December 9, 2009. Along requirements of the regulation for which Therefore, the NRC concludes that the with its other responsibilities, the the site cannot be in compliance by the licensee's actions are in the best interest Council assists in the implementation of March 31,2010, deadline and of protecting the public health and Labor Management Forums throughout justification for the same, (3) the safety through the security changes that the government and makes required changes to the site's security will result from granting this exemption. recommendations to the President on configuration, and (4) a timeline with As per the licensee's request and the innovative ways to improve delivery of critical path activities that will bring the NRC's regulatory authority to grant an services and products to the public licensee into full compliance by July 31, exemption from the March 31,2010, while cutting costs and advancing 2011, for all the regulatory requirements implementation deadline for the three employee interests. The Council is co of 10 CFR 73.55, as issued on March 27, items specified in its letter dated chaired by the Director of the Office of 2009 (by October 29, 2010, for one December 3, 2009, as supplemented by Personnel Management and the Deputy specific requirement, by July 31, 2011, letter dated January 8 and January 29, Director for Management of the Office of for two other requirements, and by 2010, the licensee is required to be in Management and Budget.

March 31,2010, for all other full compliance July 31,2011 (by Please note that we are providing a requirements). The timeline provides October 29, 2010, for one specific slightly shortened notice period for the dates indicating when (1) construction requirement, by July 31, 2011, for two April 7 meeting as permitted under 41 will begin on various phases of the other requirements, and by March 31, CFR 102-3.150 in "exceptional project (e.g., new roads, buildings, and 2010, for all other requirements.) In circumstances." Action on this notice fences), (2) outages are scheduled for achieving compliance, the licensee is was delayed due to the press of each unit, and (3) critical equipment reminded that it is responsible for increased workloads at OPM this week will be ordered, installed, tested and determining the appropriate licensing relating to the recent passage of the become operational. mechanism (i.e., 10 CFR 50.54(p) or 10 health care bill. However, the meeting Notwithstanding the schedule CFR 50.90) for incorporation of all date, time, location and purpose were exemptions for these limited necessary changes to its security plans. announced at the February 26, 2010 requirements, the licensee stated that it Pursuant to 10 CFR 51.32, "Finding of public meeting of the Council. Also, will continue to be in compliance with no significant impact," the Commission notice of the meeting has been posted

1. S. Rausch -2 the Federal Register on March 29, 2010 (75 FR 15462). A copy of the published Exemption is enclosed.

The NRC regrets any inconvenience that these inadvertent editorial errors may have caused. If there are any questions regarding this matter, please contact me at 301-415-3308.

Sincerely, IRA!

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-387 and 50-388

Enclosures:

as stated cc w/encls: Distribution via Listserv cc w/encls: Distribution via Listserv DISTRIBUTION:

PUBLIC LPL1-1 RtF RidsNrrDorlLpl-1 RidsOGCMailCenter RidsNsirDspRsrlb RidsAcrsAcnwMailCenter RidsNrrPMSusquehanna (paper copy) RidsNrrDlrRerb RidsNrrLASLittle (paper copy) PKrohn, RI RidsRgn'l MailCenter RidsOgcRp Resource LTrocine, OEDO Region 1 ADAMS Accession No' .. ML100810310 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC LPL1-1/PM NAME BVaidya SLittie NSalgado BVaidya DATE 3/29/10 3/29/10 3/29/10 3/29/10 OFFICIAL RECORD COpy