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MONTHYEARML0933604222009-12-0101 December 2009 Security Scheduler Exemption Acceptance Review Project stage: Acceptance Review ML0933702762009-12-0202 December 2009 Security Schedular Exemption Request Acceptance Project stage: Other ML1001301682010-01-11011 January 2010 Request for Schedular Exemption from Certain Physical Security Implementation Requirements of 10 CFR 73.55, Revised Non-Safeguards Information Version Project stage: Request ML0936502022010-01-26026 January 2010 Environmental Assessment and Finding of No Significant Impact Project stage: Other ML0936501992010-01-26026 January 2010 Environmental Assessment and Finding of No Significant Impact Project stage: Other ML1000507362010-03-11011 March 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 Project stage: Approval ML1000507372010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 Project stage: Approval NRC-2010-0030, FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597)2010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597) Project stage: Approval ML13092A4272013-04-0101 April 2013 Physical Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, and Independent Spent Fuel Storage Installation Security Program, Revision 11 Project stage: Other 2010-01-11
[Table View] |
FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597)ML100050737 |
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Browns Ferry |
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Issue date: |
03/11/2010 |
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From: |
Gitter J G Plant Licensing Branch II |
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To: |
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Bailey S N , NRR/ADRO/DORL, 415-1321 |
References |
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NRC-2010-0030, TAC ME2595, TAC ME2596, TAC ME2597, FOIA/PA-2011-0148, FOIA/PA-2011-0137 |
Download: ML100050737 (5) |
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Category:Exemption from NRC Requirements
MONTHYEARML20343A3632020-12-15015 December 2020 Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1) (EPID L-2020-LLE-0233 (COVID-19)) CNL-20-095, Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force Exercises, Due to COVID-19 Pandemic2020-12-0808 December 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force Exercises, Due to COVID-19 Pandemic ML20175A1982020-07-0606 July 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria from Security Personnel, Section VI CNL-20-050, CNL-20-050 BFN Exemption to Annual Force-on-Force Drill Via Email2020-06-19019 June 2020 CNL-20-050 BFN Exemption to Annual Force-on-Force Drill Via Email ML1000507362010-03-11011 March 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML1000507372010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 NRC-2010-0030, FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597)2010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597) ML0903301732009-01-27027 January 2009 Proposed Request for Exemption from 10 CFR 50, Appendix R, Paragraph III.G.2, Fire Protection of Safe Shutdown Capacity ML0705900632007-03-29029 March 2007 Exemption from the Requirements of 10 CFR Part 50.48 and Appendix R ML0622601412006-09-26026 September 2006 Exemption, 10 CFR Part 60, Appendix J - MSIV Leakage ML0419802222004-07-0909 July 2004 Technical Specification 436 - Increased Main Steam Isolation Valve Leakage Rate Limits and Exemption from 10CFR50, Appendix J ML0320404832003-07-11011 July 2003 Exemption Request from the Requirements of 10 CFR 50 Appendix a General Design Criteria (GDC)-41 in Support of Technical Specifications Change (TS-405) - Alternative Source Term (AST) 2020-07-06
[Table view] Category:Federal Register Notice
MONTHYEARML24022A1742024-02-0505 February 2024 Subsequent License Renewal Application - Receipt and Availability - FRN 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 ML19186A0012019-07-0808 July 2019 Letter, Individual Notice of Consideration of Issuance of Amendment, Extend Implementation Dates for Modifications 102 and 106 Listed in Transition License Condition 2 ML19186A0022019-07-0808 July 2019 FRN, Individual Notice of Consideration of Issuance of Amendment, Extend Implementation Dates for Modifications 102 and 106 Listed in Transition License Condition 2 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 ML18200A1922018-08-21021 August 2018 Withdrawal of Amd Request to Change Implementation Date for Emergency Action Level Scheme ML18200A2142018-08-21021 August 2018 FRN; Tennessee Valley Authority, Browns Ferry Nuclear Plant Units 1, 2 and 3, Sequoyah Nuclear Plant, Units 1 and 2, Watts Bar Nuclear Plant, Units 1 and 2 NRC-2014-0045, FRN; Tennessee Valley Authority, Browns Ferry Nuclear Plant Units 1, 2 and 3, Sequoyah Nuclear Plant, Units 1 and 2, Watts Bar Nuclear Plant, Units 1 and 22018-08-21021 August 2018 FRN; Tennessee Valley Authority, Browns Ferry Nuclear Plant Units 1, 2 and 3, Sequoyah Nuclear Plant, Units 1 and 2, Watts Bar Nuclear Plant, Units 1 and 2 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 ML18172A3042018-06-22022 June 2018 Tennessee Valley Authority - License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene ML18173A0532018-06-22022 June 2018 Ind. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Sig. Hazards ... ML18124A0632018-05-17017 May 2018 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 for 6/5/18 Publication NRC-2018-0102, 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 for 6/5/18 Publication2018-05-17017 May 2018 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 for 6/5/18 Publication ML17139D3982017-06-0707 June 2017 Browns Ferry Nuclear Plant, Units 1, 2, and 3 - FR Notice of Withdrawal of an Amendment Request (CAC Nos. MF6738, MF3739, and MF3740) ML17062A3902017-05-22022 May 2017 Cover Letter; Final Environmental Assessment and Finding of No Significant Impact Related to the Proposed Extended Power Uprate ML17062A4032017-05-22022 May 2017 Final Environmental Assessment and Finding of No Significant Impact Related to the Proposed Extended Power Uprate NRC-2016-0244, Final Environmental Assessment and Finding of No Significant Impact Related to the Proposed Extended Power Uprate (CAC Nos. MF6741, MF6742, and MF6743)2017-05-22022 May 2017 Final Environmental Assessment and Finding of No Significant Impact Related to the Proposed Extended Power Uprate (CAC Nos. MF6741, MF6742, and MF6743) ML16287A5702016-11-21021 November 2016 EPU Draft Environmental Assessment 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 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 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 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 ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML15007A2932015-01-21021 January 2015 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 - Fe NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14121A5912014-05-0101 May 2014 FRN - Browns Ferry, Units 1, 2, and 3, Confirmatory Order NRC-2014-0107, FRN - Browns Ferry, Units 1, 2, and 3, Confirmatory Order2014-05-0101 May 2014 FRN - Browns Ferry, Units 1, 2, and 3, Confirmatory Order 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 NRC-2013-0198, Individual Fr Notice of Appliaction and Amendment to Facility Operating License2013-08-16016 August 2013 Individual Fr Notice of Appliaction and Amendment to Facility Operating License ML13227A2552013-08-16016 August 2013 Individual Fr Notice of Appliaction and Amendment to Facility Operating License ML13227A2532013-08-16016 August 2013 Individual Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity of a Hearing ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12053A1902012-05-18018 May 2012 Federal Register Notice - Confirmatory Order Modifying License (Effective Immediately) NRC-2012-0069, Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark Ii Containments 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 ML12056A0432012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark II Containments 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 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 NRC-2010-0030, FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597)2010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 (TAC Nos. ME2595, ME2596, and ME2597) ML1000507372010-03-11011 March 2010 FRN: General Notice. Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Federal Register Notice - Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0936502022010-01-26026 January 2010 Environmental Assessment and Finding of No Significant Impact ML0936501992010-01-26026 January 2010 Environmental Assessment and Finding of No Significant Impact NRC-2009-0553, Biweekly Sholly Report for Federal Register Publication on December 15, 20092009-12-15015 December 2009 Biweekly Sholly Report for Federal Register Publication on December 15, 2009 2024-02-05
[Table view] |
Text
7590-01-P NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 DOCKET NOS. 50-259, 50-260 AND 50-296
[NRC-2010-0030]
EXEMPTION
1.0 BACKGROUND
Tennessee Valley Authority (TVA, the licensee) is the holder of Facility Operating License Numbers DPR-33, DPR-52 and DPR-68, which authorize operation of the Browns Ferry Nuclear Plant, Units 1, 2, and 3 (BFN). 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 three boiling-water reactors located in Limestone 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 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 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 BFN 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 6, 2009, the licensee requested an exemption in accordance with 10 CFR 73.5, "Specific exemptions." Portions of the licensee's November 6, 2009, letter contain safeguards and security sensitive information and, accordingly, are not available to the public. On January 11, 2010, the licensee submitted a redacted version of its November 6, 2009, letter, which is publicly available (Agencywide Documents Access and Management System Accession No. ML100130168). 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 specific 10 CFR 73.55 requirements that would be in place by December 20, 2012, versus the March 31, 2010, deadline. Being granted this exemption for the three items would allow the licensee additional time 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, 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 December 20, 2012. 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, NRC approval of the licensee's exemption request is authorized by law.
In the draft final 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 (74 FR 13926, March 27, 2009). 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 power reactor security 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 these changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected generic industry requests 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. Browns Ferry Schedule Exemption Request The licensee provided detailed information in its November 6, 2009, letter, as supplemented by letter dated January 11, 2010, requesting an exemption. The NRC staff finds that the licensee has provided an adequate basis for the exemption request as well as appropriate detailed justification that describes the reasons additional time is needed. Specifically, the BFN will be undertaking multiple large scope modifications to the physical protection program through four interrelated projects that require supporting multiple subtasks. These subtasks must be completed in sequence due to the complex interconnectivity of each project to other program components. The licensee has provided sufficiently detailed technical information that supports the described solution for meeting the identified requirements.
Because of the large scope of the proposed modifications and upgrades, significant engineering analysis, design, and planning are required to ensure system effectiveness upon completion of the four projects. In addition to project-specific tasks and procurement details, the TVA has also identified a variety of site-specific considerations that will impact the final completion date, such as refueling outages, manpower resources, engineering/design changes during construction, and weather conditions that may impact completion of milestones. As with all construction activities, the licensee must also account for site-specific safety and construction methods in the areas in which work is to be performed, the location of existing infrastructure such as buried power lines, and unanticipated delays that could significantly impact the project schedules.
These site-specific safety and construction methods must be accounted for in the proposed schedule that, in turn, impacts the final compliance date requested. The TVA has contracted a common provider to perform design wok at two other TVA sites concurrent with the work required at the BFN. The licensee has provided a coordinated/combined schedule for projects at BFN that outlines the sequence in which work must be conducted to ensure effective system connectivity. In addition, the required tasks/changes must be completed in sequence at each of the three sites to support all program upgrades being performed and to ensure effective connectivity of each project. The upgrades that the licensee identified within its exemption request for BFN support its solution for meeting the three specified requirements, and the proposed schedule is justified by the complexity and scope of the projects described to include tasks and sub-tasks, timing issues, and potential delays. The proposed implementation schedule depicts the critical activity milestones of the security system upgrades; is consistent with the licensee's solution for meeting the requirements; is consistent with the scope of the modifications and the issues and challenges identified; and is consistent with the licensee's requested compliance date.
Notwithstanding the schedule 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 December 20, 2012, BFN would 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 licensee's submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to December 20, 2012, with regard to three specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, the 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 security system upgrades are complete justify exceeding the full compliance date and the proposed implementation schedule is consistent with the scope of the modifications in the case of this particular licensee. The security measures that TVA needs additional time to implement at BFN 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 from the March 31, 2010, implementation deadline for the three items specified in Enclosure 1 of the TVA letter dated November 6, 2009 (publicly available version dated January 11, 2010),
the licensee is required to be in full compliance by December 20, 2012. 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 5354, dated February 2, 2010). This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 11 th day of March 2010. FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation