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| {{#Wiki_filter:7590-01-P NUCLEAR REGULATORY COMMISSION SOUTHERN NUCLEAR OPERATING COMPANY ALABAMA POWER COMPANY JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 DOCKET NOS. 50-348 AND 50-364; NRC-2009-0375 EXEMPTION 1.0 BACKGROUND Southern Nuclear Operating Company (SNC, the licensee) is the holder of Facility Operating License Numbers NPF-2 and NPF-8, which authorize operation of the Joseph M. | | {{#Wiki_filter:7590-01-P NUCLEAR REGULATORY COMMISSION SOUTHERN NUCLEAR OPERATING COMPANY ALABAMA POWER COMPANY JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 DOCKET NOS. 50-348 AND 50-364; NRC-2009-0375 EXEMPTION |
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| | ==1.0 BACKGROUND== |
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| | Southern Nuclear Operating Company (SNC, the licensee) is the holder of Facility Operating License Numbers NPF-2 and NPF-8, which authorize operation of the Joseph M. |
| Farley Nuclear Plant, Units 1 and 2 (FNP). 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. | | Farley Nuclear Plant, Units 1 and 2 (FNP). 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 Houston County, Alabama. | | The facility consists of two pressurized water reactors located in Houston County, Alabama. |
Letter Sequence Approval |
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MONTHYEARML0921705532009-08-20020 August 2009 Environmental Assessment and Finding of No Significant Impact (TAC Nos.. ME1449 and ME1450) Project stage: Other ML0921705372009-08-20020 August 2009 Environmental Assessment Project stage: Other ML0921705032009-08-27027 August 2009 FRN: General Notice. Joseph M. Farley, Nuclear Plant, Units 1 and 2, Exemption from the Requirements of 10 CFR Part 73, Section 73.55 Project stage: Approval ML0921703672009-08-27027 August 2009 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 Project stage: Approval 2009-08-20
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FRN: General Notice. Joseph M. Farley, Nuclear Plant, Units 1 and 2, Exemption from the Requirements of 10 CFR Part 73, Section 73.55ML092170503 |
Person / Time |
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Site: |
Farley ![Southern Nuclear icon.png](/w/images/1/14/Southern_Nuclear_icon.png) |
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Issue date: |
08/27/2009 |
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From: |
Giitter J G Division of Operating Reactor Licensing |
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To: |
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Martin R E, NRR/DORL, 415-1493 |
Shared Package |
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ML092170316 |
List: |
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References |
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NRC-2009-0375, TAC ME1449, TAC ME1450, FOIA/PA-2011-0148, FOIA/PA-2011-0137 |
Download: ML092170503 (6) |
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Category:Federal Register Notice
MONTHYEARML24199A2072024-07-24024 July 2024 TS 3-6-5 LAR - Individual Notice Transmittal Letter and NSHC - Rev 1 (1) - Letter ML24114A3102024-05-0303 May 2024 Monthly (28-Day) Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 14, 2024 ML24044A0732024-02-28028 February 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - January 2024 ML21179A1762021-08-0505 August 2021 FRN for Issuance of Exemption - Farley and Vogtle FSAR Update Exemption - Rev 1 ML21179A1852021-08-0404 August 2021 Exemption - Farley and Vogtle - FSAR Update Exemption - Rev 1 ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 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 ML20007C8222020-01-15015 January 2020 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures: Februa ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 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 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 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-2018-0140, 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 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 ML17222A3102017-08-23023 August 2017 Federal Register Notice - License Amendment Request; Opportunity to Comment; Request for a Hearing and Petition for Leave to Intervene for Joseph M. Farley Nuclear Plant, Units 1 and 2, to Revise Implementation Date to Transition to NFPA 80 ML17228A1062017-08-18018 August 2017 Letter, Individual 30-day Proposed FRN, Application Contains SUNSI, Request to Revise Implementation Date to Transition to NFPA 805 ML16354A0482017-02-0909 February 2017 Environmental Assessments and Finding of No Significant Impacts to Southern Nuclear Operating Co., Inc NRC-2016-0273, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 20172016-12-21021 December 2016 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 2017 ML16355A2612016-12-21021 December 2016 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 2017 NRC-2015-0015, FRN Withdrawal of TSTF-312 Amendment Request (CAC Nos. MF5317 and MF5318)2016-10-20020 October 2016 FRN Withdrawal of TSTF-312 Amendment Request (CAC Nos. MF5317 and MF5318) ML16287A3562016-10-20020 October 2016 FRN Withdrawal of TSTF-312 Amendment Request NRC-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 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 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-2016-0169, Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 22016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 ML16179A4102016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 ML16179A4342016-08-0404 August 2016 Request for Exemption from 10 CFR Section 50.46 and 10 CFR Part 50, Appendix K, Requirements 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 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 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 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 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 ML14233A2082014-08-22022 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 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 NRC-2014-0132, FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 20142014-05-30030 May 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 2014 ML14149A3102014-05-30030 May 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: June 6, 2014 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13127A1442013-05-0606 May 2013 Federal Register Notice, Confirmatory Order, Southern Nuclear Operating Company NRC-2013-0093, Federal Register Notice, Confirmatory Order, Southern Nuclear Operating Company2013-05-0606 May 2013 Federal Register Notice, Confirmatory Order, Southern Nuclear Operating Company ML12347A2032013-01-0707 January 2013 Monthly SUNSI Federal Register Notice and Order -FR Publication Date: 01/15/13 NRC-2012-0309, Monthly SUNSI Federal Register Notice and Order -FR Publication Date: 01/15/132013-01-0707 January 2013 Monthly SUNSI Federal Register Notice and Order -FR Publication Date: 01/15/13 2024-07-24
[Table view] |
Text
7590-01-P NUCLEAR REGULATORY COMMISSION SOUTHERN NUCLEAR OPERATING COMPANY ALABAMA POWER COMPANY JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 DOCKET NOS. 50-348 AND 50-364; NRC-2009-0375 EXEMPTION
1.0 BACKGROUND
Southern Nuclear Operating Company (SNC, the licensee) is the holder of Facility Operating License Numbers NPF-2 and NPF-8, which authorize operation of the Joseph M.
Farley Nuclear Plant, Units 1 and 2 (FNP). 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 Houston County, Alabama.
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. By letter dated June 9, 2009, as supplemented by letter dated July 31, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." The licensee's June 9, 2009, letter and certain portions of its July 31, 2009, letter contain proprietary and safeguards information and, accordingly, are not available to the public. The licensee has requested an exemption from the March 31, 2010, compliance 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 for three requirements that would be in place by December 15, 2010, versus the March 31, 2010, deadline. Being granted this exemption for the three items will allow the licensee to complete the modifications designed to update aging equipment and incorporate state-of-the-art technology to meet or exceed regulatory requirements.
3.0 DISCUSSION
OF PART 73 SCHEDULE EXEMPTIONS FROM THE MARCH 31, 2010, FULL IMPLEMENTATION DATE Pursuant to 10 CFR 73.55(a)(1), "By March 31, 2010, each nuclear power reactor licensee 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. This exemption would, as noted above, allow an extension from March 31, 2010, until December 15, 2010, to allow for temporary noncompliance with the new rule in three specified areas. The NRC staff has determined that granting of the licensee's proposed exemption will 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 sent 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 reach 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 (
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.
Farley Schedule Exemption Request The licensee provided detailed information in Enclosure 1 of its supplemental submittal to the SNC June 9, 2009, letter requesting an exemption. It describes a comprehensive plan to expand the protected area (PA) by approximately 100 percent with upgrades to the security capabilities of its Farley site and provides a timeline for achieving full compliance with the new regulation. Enclosure 1 contains proprietary information regarding the site security plan, details of specific portions of the regulation where the site cannot be in compliance by the March 31, 2010, deadline and why, the required changes to the site's security configuration, and a timeline with critical path activities that will bring the licensee into full compliance by December 15, 2010. The timeline provides dates indicating when (1) construction will begin on various phases of the project (i.e., new roads, buildings, and fences), (2) outages are scheduled for each unit, and (3) critical equipment will be ordered, installed, tested and become operational.
As described in its submittals, the licensee will maintain the current PA until the site modifications are completely implemented by December 15, 2010. Enclosure 2 to the July 31, 2009, submittal includes safeguards (SGI) information that describes compensatory measures the licensee will incorporate into the Joseph M. Farley Nuclear Plant Site Security Plan by the compliance date of March 31, 2010, which will supplement the protective measures already in place to maintain high assurance against radiological sabotage. The licensee indicated that with the incorporation of the extended protected area (PA) by December 15, 2010, the Farley Nuclear Plant will be in full compliance with the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The staff has reviewed the licensee's submittals and concludes that the licensee has justified its request for an extension of the compliance date with regard to three specified requirements of 10 CFR 73.55 until December 15, 2010. The Commission has determined that pursuant to10 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. The licensee has compensatory measures as described in Enclosure 2 to its supplemental letter of July 31, 2009, that the staff finds acceptable. The basis for this determination is that the current site protective strategy has been approved by the NRC staff as providing high assurance for the protection of the facility and public from the effects of radiological sabotage. As a condition of the Commission's approval, these compensatory measures must be in place by March 31, 2010, and incorporated into the site security plan in accordance with 10 CFR 50.54(p)(2) or 10 CFR 50.90, as determined by the licensee to be appropriate.
The long-term benefits that will be realized when the PA expansion is complete justifies exceeding the full compliance date in the case of this particular licensee. 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 to the March 31, 2010 deadline for the three items specified in Enclosure 1 of SNC letter dated July 31, 2009, the licensee is required to be in full compliance with 10 CFR 73.55 by December 15, 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, "Find 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 dated August 26, 2009 (74 FR 43169).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of August 2009.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/ Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation