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Category:Exemption from NRC Requirements
MONTHYEARRA-23-0318, Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0404 December 2023 Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation RA-23-0284, RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-16016 November 2023 RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML20330A3012020-12-17017 December 2020 Exemption from Annual Force-on-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(l)(1) (EPID L-2020-LLE-0180 (COVID-19)) 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 ML20142A1852020-06-0909 June 2020 Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI ML19254A6202019-09-17017 September 2019 Duke Energy Fleet (Brunswick, Catawba, Robinson, McGuire, Oconee, and Shearon Harris) - Alternative to Use Encoded Phased Array Ultrasonic Examination in Lieu of Radiography ML12025A1612012-02-24024 February 2012 Transmittal Letter - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding ML12025A1622012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding NRC-2012-0034, Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding2012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding ML1034001702010-12-14014 December 2010 Exemption NRC-2010-0020, Exemption2010-12-14014 December 2010 Exemption ML0936209082010-02-24024 February 2010 FRN: Shearon Harris Nuclear Power Power Plant, Unit 1 - Exemption ML0936209062010-02-24024 February 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 2023-12-04
[Table view] Category:Federal Register Notice
MONTHYEARML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20071F7222020-03-24024 March 2020 Gaia Fuel LAR NSHC FRN with SUNSI or SUNSI and SGI ML20079L2702020-03-18018 March 2020 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures 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 ML18295A7442018-10-25025 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/06/18 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 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 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML16271A0922016-09-28028 September 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016 ML16215A2272016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 NRC-2016-0161, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 20162016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 ML16187A2232016-07-18018 July 2016 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au NRC-2016-0143, Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI2016-07-18018 July 2016 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au ML16173A0572016-07-11011 July 2016 Notice of Consideration of Issuance of Amendment to Facility Operating License, No Significant Hazards Consideration Determination, Opportunity for Hearing & Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Info ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 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 ML15188A1632015-07-23023 July 2015 Application 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 for Acce NRC-2015-0165, Application 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 for2015-07-23023 July 2015 Application 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 for Acce ML15159A6322015-07-0606 July 2015 Letter Approving Direct Transfer of Control of Licenses and Conforming Amendments ML15042A2322015-04-13013 April 2015 Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for Hearing 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 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 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 ML14099A2172014-04-28028 April 2014 FRN on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13164A2012013-06-13013 June 2013 Correction to Bi-weekly Notice ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status ML12025A1622012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding NRC-2012-0034, Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding2012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding ML11313A1632012-02-0606 February 2012 Federal Register Notice, Environmental Assessment and Finding of No Significant Impact ML11313A1622012-02-0606 February 2012 Environmental Assessment and Finding of No Significant Impact ML11255A0572011-12-0202 December 2011 Federal Register Notice - Order Approving Indirect License Transfer NRC-2011-0283, Federal Register Notice - Order Approving Indirect License Transfer2011-12-0202 December 2011 Federal Register Notice - Order Approving Indirect License Transfer ML11221A3772011-08-22022 August 2011 Federal Register Notice - Notice of Consideration NRC-2011-0200, Federal Register Notice - Notice of Consideration2011-08-22022 August 2011 Federal Register Notice - Notice of Consideration NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1108720692011-04-20020 April 2011 Federal Register Notice, Notice of Withdrawal of Application NRC-2011-0093, Federal Register Notice, Notice of Withdrawal of Application2011-04-20020 April 2011 Federal Register Notice, Notice of Withdrawal of Application ML1108720602011-04-20020 April 2011 Transmittal Letter, Notice of Withdrawal of Application NRC-2010-0020, Exemption2010-12-14014 December 2010 Exemption ML1034001702010-12-14014 December 2010 Exemption 2020-07-15
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7590-01-P NUCLEAR REGULATORY COMMISSION CAROLINA POWER & LIGHT COMPANY SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 DOCKET NO. 50-400
[NRC-2010-0020]
EXEMPTION
1.0 BACKGROUND
Carolina Power & Light Company (the licensee), now doing business as Progress Energy Carolinas, Inc. (PEC), is the holder of Renewed Facility Operating License No. NPF-63, which authorizes operation of the Shearon Harris Nuclear Power Plant, Unit 1 (HNP). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of one pressurized water reactor located in New Hill, North Carolina. 2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR) Part 73, "Physical Protection of Plants and Materials," Section 73.55, "Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage," published March 27, 2009, effective May 26, 2009, with a full implementation date of March 31, 2010, requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security programs. The amendments to 10 CFR 73.55 published on March 27, 2009, establish and update generically applicable security requirements similar to those previously imposed by the 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 that HNP now seeks an exemption from the March 31, 2010, implementation date. All other physical security requirements established by this recent rulemaking have already been or will be implemented by the licensee by March 31, 2010. By letter dated November 30, 2009, as supplemented by letter dated December 16, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific Exemptions." Attachment 1 to the licensee's November 30, 2009, letter, as well as the December 16, 2009, letter in its entirety, contain security-related information and, accordingly, are not available to the public. The licensee has requested an exemption from the March 31, 2010, compliance date stating that it must complete a number of significant physical modifications to the current site security configuration before all requirements of 10 CFR Part 73 can be met. Specifically, the request is to extend the compliance date for one requirement from the current March 31, 2010, deadline to July 30, 2010, and to extend the compliance date for two additional requirements to December 15, 2010. Being granted 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 the regulatory requirements.
3.0 DISCUSSION
OF PART 73 SCHEDULE EXEMPTIONS FROM THE MARCH 31, 2010, FULL IMPLEMENTATION DATE The regulation in 10 CFR 73.55(a)(1) states: "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, as noted above, would allow an extension from March 31, 2010, until July 30, 2010, for one requirement, and December 15, 2010, for two other requirements. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR 73. The NRC staff has determined that granting the licensee's proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is authorized by law.
In the draft final rule provided to the Commission on July 9, 2008, the NRC staff proposed that the requirements of the new regulation be met within 180 days. The Commission directed a change from 180 days to approximately 1 year for licensees to fully implement the new requirements. This change was incorporated into the final rule. From this, it is clear that the Commission desires 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 in order to determine what changes were necessary to implement the rule's requirements, and that changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected a generic industry request to extend the rule's compliance date for all operating nuclear power plants, but noted that the Commission's regulations provide mechanisms for individual licensees, with good cause, to apply for relief from the compliance date (
Reference:
June 4, 2009 letter from R. W. Borchardt, NRC, to M. S. Fertel, Nuclear Energy Institute). The licensee's request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009 letter. Shearon Harris Nuclear Power Plant, Unit 1, Schedule Exemption Request The licensee provided detailed information in Attachment 1 of its November 30, 2009, letter requesting an exemption. It describes a comprehensive plan to install additional intrusion detection equipment, relocate certain security assets, and upgrade other security related systems at the HNP site, as well as providing a timeline for achieving full compliance with the new regulation. Attachment 1 contains security-related information regarding the site security plan, details of the specific requirements of the regulation for which the site cannot be in compliance by the March 31, 2010, deadline and why, the required changes to the site's security configuration, and a timeline with critical path activities that will enable the licensee to achieve full compliance by July 30, 2010, and December 15, 2010, respectively. The timeline provides dates indicating when: (1) the design work will be completed for the projects that will bring each of the three remaining areas into compliance; (2) construction will begin on various phases of the projects (i.e., new roads, buildings, and fences); and (3) critical equipment will be ordered, installed, tested and become operational.
The licensee indicated that with completion of the three projects noted above by July 30, 2010, and December 15, 2010, HNP will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009. Notwithstanding the schedular exemptions for these limited requirements, the licensee will continue to be in compliance with all other applicable physical security requirements as described in 10 CFR 73.55 and reflected in HNP's current NRC approved physical security program.
4.0 CONCLUSION
FOR PART 73 SCHEDULE EXEMPTION REQUEST The staff has reviewed the licensee's submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to July 30, 2010, and December 15, 2010, respectively, with regard to three specified requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The NRC staff has determined that the long-term benefits that will be realized when the installation of additional intrusion detection equipment, relocation of certain security assets, and upgrades to other security related systems are complete at HNP justifies extending the full compliance date with regard to the specified requirements of 10 CFR 73.55. The security measures that HNP needs additional time to implement are new requirements imposed by the March 27, 2009, amendments to 10 CFR 73.55, and are in addition to those required by the security orders issued in response to the events of September 11, 2001. Therefore, it is concluded that the licensee's actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption.
As per the licensee's request and the NRC's regulatory authority to grant an exemption from the March 31, 2010, deadline for the three items specified in Attachment 1 of the PEC letter dated November 30, 2009, the licensee is required to be in full compliance with the specified requirements of 10 CFR 73.55 by July 30, 2010, and December 15, 2010, as applicable. 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 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 3942, dated January 25, 2010).
This exemption is effective upon issuance. Dated at Rockville, Maryland, this 24 th day of February 2010. FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Allen Howe, Acting Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation