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| ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 DOCKET NOS. 50-313 AND 50-368 | | ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 DOCKET NOS. 50-313 AND 50-368 |
| [NRC-2010-0111] | | [NRC-2010-0111] |
| EXEMPTION | | EXEMPTION |
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| ==1.0 BACKGROUND== | | ==1.0 BACKGROUND== |
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| Entergy Operations, Inc. (the licensee), is the holder of Facility Operating License Nos. DPR-51 and NPF-6, which authorize operation of the Arkansas Nuclear One, Units 1 and 2 (ANO-1 and 2). 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 Pope County, Arkansas. | | Entergy Operations, Inc. (the licensee), is the holder of Facility Operating License Nos. |
| 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 (74 FR 13926), 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 Entergy 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 January 14, 2010, as supplemented by letter dated January 28, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." The licensee's letters dated January 14 and 28, 2010, contain security-related information and, accordingly, those portions are being withheld from public disclosure. Redacted versions of the letters dated January 14 and 28, 2010, are publicly available in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML100190140 and ML100710021, respectively. The licensee has requested an exemption from the March 31, 2010, implementation date stating that it must complete a number of significant modifications to the current site security configuration before all requirements can be met. Specifically, the request is to extend the compliance date from the current March 31, 2010, deadline to October 31, 2010, for two requirements and August 31, 2011, for one requirement. Granting this exemption for the three items would allow the licensee to complete the modifications designed to update aging equipment and incorporate state-of-the-art technology to meet or exceed the noted regulatory requirement. 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 | | DPR-51 and NPF-6, which authorize operation of the Arkansas Nuclear One, Units 1 and 2 (ANO-1 and 2). 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. |
| '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, to October 31 2010, for two specific requirements, and to August 31, 2011 for one specific requirement. 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 Power Reactor Security rule provided to the Commission, 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 request to generically 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 (
| | The facility consists of two pressurized-water reactors located in Pope County, Arkansas. |
| | 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 (74 FR 13926), 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 |
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| | 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 Entergy 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 January 14, 2010, as supplemented by letter dated January 28, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, Specific exemptions. The licensees letters dated January 14 and 28, 2010, contain security-related information and, accordingly, those portions are being withheld from public disclosure. Redacted versions of the letters dated January 14 and 28, 2010, are publicly available in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML100190140 and ML100710021, respectively. The licensee has requested an exemption from the March 31, 2010, implementation date stating that it must complete a number of significant modifications to the current site security configuration before all requirements can be met. Specifically, the request is to extend the compliance date from the current March 31, 2010, deadline to October 31, 2010, for two requirements and August 31, 2011, for one requirement. Granting this exemption for the three items would allow the licensee to complete the modifications designed to update aging equipment and incorporate state-of-the-art technology to meet or exceed the noted regulatory requirement. |
| | 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 |
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| | 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, to October 31 2010, for two specific requirements, and to August 31, 2011 for one specific requirement. 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 licensees proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law. |
| | In the draft final Power Reactor Security rule provided to the Commission, 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 rules 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 request to generically extend the rules compliance date for all operating nuclear power plants, but noted that the Commissions regulations provide mechanisms for individual licensees, with good cause, to apply for relief from the compliance date ( |
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| ==Reference:== | | ==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. ANO-1 and 2 Schedule Exemption Request The licensee provided detailed information in attachments to its application dated January 14, 2010, and supplemental letter dated January 28, 2010, requesting an exemption. It describes a comprehensive plan to upgrade the security capabilities of its ANO site and provides a timeline for achieving full compliance with the new regulation. Attachments to the letters contain security-related information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot achieve compliance by the March 31, 2010, deadline, justification for the extension request, a description of the required changes to the site's security configuration, and a timeline with critical path activities that would enable the licensee to achieve full compliance by August 31, 2011. The timeline provides dates indicating when critical equipment will be ordered, receipt of the equipment, installation, tested, and training. Notwithstanding the scheduler exemptions for these limited requirements, the licensee would 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. | | June 4, 2009, letter from R. W. Borchardt, NRC, to M. S. Fertel, Nuclear Energy Institute). The |
| By October 31, 2010, ANO-1 and 2 will be in full compliance with all but one specified requirement. By August 31, 2011, ANO-1 and 2 will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009. | | |
| | licensees request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009, letter. |
| | ANO-1 and 2 Schedule Exemption Request The licensee provided detailed information in attachments to its application dated January 14, 2010, and supplemental letter dated January 28, 2010, requesting an exemption. It describes a comprehensive plan to upgrade the security capabilities of its ANO site and provides a timeline for achieving full compliance with the new regulation. Attachments to the letters contain security-related information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot achieve compliance by the March 31, 2010, deadline, justification for the extension request, a description of the required changes to the sites security configuration, and a timeline with critical path activities that would enable the licensee to achieve full compliance by August 31, 2011. The timeline provides dates indicating when critical equipment will be ordered, receipt of the equipment, installation, tested, and training. |
| | Notwithstanding the scheduler exemptions for these limited requirements, the licensee would 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 October 31, 2010, ANO-1 and 2 will be in full compliance with all but one specified requirement. By August 31, 2011, ANO-1 and 2 will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009. |
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| | ==4.0 CONCLUSION== |
| | FOR PART 73 SCHEDULE EXEMPTION REQUEST The staff has reviewed the licensees submittals and concludes that the licensee has justified its request for an extension of the compliance date with regard to two specified |
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| | requirements of 10 CFR 73.55 until October 31, 2010, and one specified requirement until August 31, 2011. |
| | 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 has determined that the long-term benefits that will be realized when the complete system is in place justifies extending the full compliance date in the case of this particular licensee. The security measures for which ANO-1 and 2 need 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 licensees 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 to the March 31, 2010, deadline for the three items specified in the attachments to the Entergy letters dated January 14 and 28, 2010, the licensee is required to be in full compliance with 10 CFR 73.55 by August 31, 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 13607; dated March 22, 2010). |
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| ==4.0 CONCLUSION==
| | This exemption is effective upon issuance. |
| FOR PART 73 SCHEDULE EXEMPTION REQUEST The staff has reviewed the licensee's submittals and concludes that the licensee has justified its request for an extension of the compliance date with regard to two specified requirements of 10 CFR 73.55 until October 31, 2010, and one specified requirement until August 31, 2011. 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 has determined that the long-term benefits that will be realized when the complete system is in place justifies extending the full compliance date in the case of this particular licensee. The security measures for which ANO-1 and 2 need 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 to the March 31, 2010, deadline for the three items specified in the attachments to the Entergy letters dated January 14 and 28, 2010, the licensee is required to be in full compliance with 10 CFR 73.55 by August 31, 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 13607; dated March 22, 2010).
| | Dated at Rockville, Maryland, this 23rd day of March 2010. |
| This exemption is effective upon issuance. Dated at Rockville, Maryland, this 23 rd day of March 2010. | | FOR THE NUCLEAR REGULATORY COMMISSION |
| FOR THE NUCLEAR REGULATORY COMMISSION | | /RA/ |
| /RA/
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| Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation}} | | Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation}} |
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Category:Exemption from NRC Requirements
MONTHYEARML24012A0502024-02-0202 February 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0054 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23333A1362023-11-29029 November 2023 Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20265A0572020-10-0606 October 2020 Temporary Exemption from Biennial Emergency Preparedness Exercise Frequency Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.b and IV.F.2.c (EPID L-2020-LLE-0113 (COVID-19)) 0CAN101901, Request for Exemption from Requirements of 10 CFR 72.212(b)(3)2019-10-11011 October 2019 Request for Exemption from Requirements of 10 CFR 72.212(b)(3) ML15056A3672015-03-16016 March 2015 Letter, Exemption from Certain 10 CFR 50.61 and 10 CFR 50, Appendix G Requirements to Allow Use of Alternate Method to Determine Initial Nil Ductility Reference Temperature for Linde 80 Welds ML14346A2102015-01-13013 January 2015 Letter, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactors ML14346A2402015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor NRC-2015-0008, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor2015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor ML14353A4652014-12-19019 December 2014 Encl (Copy of Exemption) to Ltr s L Pyle, Arkansas Nuclear One, Request for Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at ANO ISFSI (72-1014, 72-13) TAC L24954 0CAN111405, Response to Request for Additional Information Request for Exemption from Holtec International Certificate of Compliance (CoC) (72-1014) Fuel Specification and Loading Conditions (TAC No. L24954)2014-11-0707 November 2014 Response to Request for Additional Information Request for Exemption from Holtec International Certificate of Compliance (CoC) (72-1014) Fuel Specification and Loading Conditions (TAC No. L24954) ML1009205752010-09-28028 September 2010 Exemption from Requirements of 10 CFR 50.36a(a)(2) Submittal Date for Radioactive Effluent Release Report NRC-2010-0314, Exemption from Requirements of 10 CFR 50.36a(a)(2) Submittal Date for Radioactive Effluent Release Report (TAC ME3548 and ME3549)2010-09-28028 September 2010 Exemption from Requirements of 10 CFR 50.36a(a)(2) Submittal Date for Radioactive Effluent Release Report (TAC ME3548 and ME3549) ML1006306762010-03-23023 March 2010 Exemption from 10 CFR Part 73 Physical Security Requirements ML1006306362010-03-23023 March 2010 Letter, Exemption from 10 CFR Part 73, Physical Security Requirements NRC-2010-0111, Exemption from 10 CFR Part 73 Physical Security Requirements (TAC Nos. ME3089 and ME3090)2010-03-23023 March 2010 Exemption from 10 CFR Part 73 Physical Security Requirements (TAC Nos. ME3089 and ME3090) 0CAN031002, Exemption from the Requirements of 10 CFR 50.36a(a)(2) with Regards to Submittal Date for the Radioactive Effluent Release Report2010-03-18018 March 2010 Exemption from the Requirements of 10 CFR 50.36a(a)(2) with Regards to Submittal Date for the Radioactive Effluent Release Report ML0803700122008-03-19019 March 2008 Exemption from Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50, to Allow Use of Optimized ZIRLO-TM as Fuel Rod Cladding Material ML0517904172005-07-25025 July 2005 Exemption from 10 CFR 50.46 and 10 CFR Part 50, Appendix K ML0429601802005-04-15015 April 2005 Arkansas, Units 1 and 2 - Safety Evaluation and Exemption from the Requirements 10 CFR Part 50, Appendix a ML0435102072004-12-0303 December 2004 OCFR50 Appendix a Exemption Request for Steam Trap Isolation Valves ML0330701432003-10-30030 October 2003 CFR 50 Appendix a Exemption Request for Steam Trap Isolation Valves ML0225505592002-09-12012 September 2002 Exemption from Requirements of 10 CFR Part 20, Section 20.1003 Definition of Total Effective Dose Equivalent (TEDE) 2024-02-02
[Table view] Category:Federal Register Notice
MONTHYEARML24086A4312024-04-0505 April 2024 Monthly (28-day) Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: April 16, 2024 ML22291A2392022-10-28028 October 2022 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to SUNSI (EPID L-2021-LLA-0181) Letter ML22291A2402022-10-28028 October 2022 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to SUNSI (EPID L-2021-LLA-0181) (FRN) ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions 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 ML19249B6172019-09-16016 September 2019 FRN Individual Notice of Consideration of Issuance of Amendments Change in Implementation Date for Emergency Action Level Scheme Amendment Nos. 263 and 314 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 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 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 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-2018-0140, 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 ML17340B1802017-12-26026 December 2017 Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010) NRC-2017-0239, Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010)2017-12-26026 December 2017 Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010) ML17340B2582017-12-21021 December 2017 Arkansas 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - Letter - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CACs MG0258, MG0259, MG0260, MG0261, MG0262; EPID L-2017- 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 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 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 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 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 ML15056A3672015-03-16016 March 2015 Letter, Exemption from Certain 10 CFR 50.61 and 10 CFR 50, Appendix G Requirements to Allow Use of Alternate Method to Determine Initial Nil Ductility Reference Temperature for Linde 80 Welds ML15056A3682015-03-16016 March 2015 FRN, Exemption from Certain 10 CFR 50.61 and 10 CFR 50, Appendix G Requirements to Allow Use of Alternate Method to Determine Initial Nil Ductility Reference Temperature for Linde 80 Welds 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 ML14346A2102015-01-13013 January 2015 Letter, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactors NRC-2015-0008, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor2015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor ML14346A2402015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor ML14351A2612014-12-19019 December 2014 Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI NRC-2014-0270, Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI2014-12-19019 December 2014 Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI ML14353A4652014-12-19019 December 2014 Encl (Copy of Exemption) to Ltr s L Pyle, Arkansas Nuclear One, Request for Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at ANO ISFSI (72-1014, 72-13) TAC L24954 ML14346A6502014-12-11011 December 2014 Encl (Ea/Fonsi) to Ltr s L Pyle, Arkansas Nuclear One, EA and Fonsi for Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at ANO ISFSI (72-1014, 72-13) TAC L24954 ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14119A2562014-04-30030 April 2014 Letter + FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 ML14119A2532014-04-30030 April 2014 FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 NRC-2014-0106, FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-4712014-04-30030 April 2014 FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit NRC-2012-0320, Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers (TAC Nos. ME9710 and ME9711)2013-05-0303 May 2013 Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers (TAC Nos. ME9710 and ME9711) ML13077A2212013-05-0303 May 2013 Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers NRC-2013-0055, Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 8052013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 ML12270A0882013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 ML13025A3212013-03-14014 March 2013 ANO 1 & 2, Big Rock, FitzPatrick, GGNS, Indian Point 1, 2 & 3, Palisades, Pilgrim, RBS, Vermont Yankee, and Waterford - Correction FRN, Biweekly Notice of Issuance of Amendments Published on 1/22/13, Revise QA Program Manual and Staff Quali ML12325A4182012-12-21021 December 2012 Letter, Notice of Consideration of Approval of Indirect and Direct Transfer for Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing ML12325A4312012-12-21021 December 2012 FRN, Notice of Consideration of Approval of Indirect and Direct Transfer for Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing 2024-04-05
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7590-01-P NUCLEAR REGULATORY COMMISSION ENTERGY OPERATIONS, INC.
ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 DOCKET NOS. 50-313 AND 50-368
[NRC-2010-0111]
EXEMPTION
1.0 BACKGROUND
Entergy Operations, Inc. (the licensee), is the holder of Facility Operating License Nos.
DPR-51 and NPF-6, which authorize operation of the Arkansas Nuclear One, Units 1 and 2 (ANO-1 and 2). 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 Pope County, Arkansas.
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 (74 FR 13926), 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 Entergy 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 January 14, 2010, as supplemented by letter dated January 28, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, Specific exemptions. The licensees letters dated January 14 and 28, 2010, contain security-related information and, accordingly, those portions are being withheld from public disclosure. Redacted versions of the letters dated January 14 and 28, 2010, are publicly available in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML100190140 and ML100710021, respectively. The licensee has requested an exemption from the March 31, 2010, implementation date stating that it must complete a number of significant modifications to the current site security configuration before all requirements can be met. Specifically, the request is to extend the compliance date from the current March 31, 2010, deadline to October 31, 2010, for two requirements and August 31, 2011, for one requirement. Granting this exemption for the three items would allow the licensee to complete the modifications designed to update aging equipment and incorporate state-of-the-art technology to meet or exceed the noted regulatory requirement.
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, to October 31 2010, for two specific requirements, and to August 31, 2011 for one specific requirement. 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 licensees proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.
In the draft final Power Reactor Security rule provided to the Commission, 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 rules 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 request to generically extend the rules compliance date for all operating nuclear power plants, but noted that the Commissions 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
licensees request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009, letter.
ANO-1 and 2 Schedule Exemption Request The licensee provided detailed information in attachments to its application dated January 14, 2010, and supplemental letter dated January 28, 2010, requesting an exemption. It describes a comprehensive plan to upgrade the security capabilities of its ANO site and provides a timeline for achieving full compliance with the new regulation. Attachments to the letters contain security-related information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot achieve compliance by the March 31, 2010, deadline, justification for the extension request, a description of the required changes to the sites security configuration, and a timeline with critical path activities that would enable the licensee to achieve full compliance by August 31, 2011. The timeline provides dates indicating when critical equipment will be ordered, receipt of the equipment, installation, tested, and training.
Notwithstanding the scheduler exemptions for these limited requirements, the licensee would 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 October 31, 2010, ANO-1 and 2 will be in full compliance with all but one specified requirement. By August 31, 2011, ANO-1 and 2 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 licensees submittals and concludes that the licensee has justified its request for an extension of the compliance date with regard to two specified
requirements of 10 CFR 73.55 until October 31, 2010, and one specified requirement until August 31, 2011.
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 has determined that the long-term benefits that will be realized when the complete system is in place justifies extending the full compliance date in the case of this particular licensee. The security measures for which ANO-1 and 2 need 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 licensees 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 to the March 31, 2010, deadline for the three items specified in the attachments to the Entergy letters dated January 14 and 28, 2010, the licensee is required to be in full compliance with 10 CFR 73.55 by August 31, 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 13607; dated March 22, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 23rd day of March 2010.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation