Framatome Inc.; Application for Standard Design Certification of the U.S. EPR
| Published date | 02 October 2020 |
| Citation | 85 FR 62337 |
| Record Number | 2020-21811 |
| Section | Notices |
| Court | Nuclear Regulatory Commission |
Federal Register, Volume 85 Issue 192 (Friday, October 2, 2020)
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62337-62339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21811]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-020; NRC-2020-0182]
Framatome Inc.; Application for Standard Design Certification of
the U.S. EPR
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 30, 2020, letter from Framatome Inc.
(Framatome), which requested an exemption from regulatory requirements
regarding the annual reports required by regulations (hereafter
``required report'') for the U.S. EPR standard design certification
application for the years 2020-2024. The regulation for which exemption
is sought covers emergency core cooling systems (ECCS) for light-water
nuclear power reactors. Framatome committed to submit the required
report before any request to reactivate the U.S. EPR review. Framatome
further committed to providing an update to the required report, or
taking other appropriate action, as necessary, no later than December
31, 2024. Staff review of the U.S. EPR standard design certification
application was suspended in April 2015 at the request of the
applicant. The NRC staff reviewed this request and determined that it
is appropriate to grant the exemption in accordance with the
regulations as the request does not present an undue risk to public
health or safety and is consistent with the common defense and
security; furthermore, special circumstances exist.
DATES: The exemption is effective on September 29, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0182 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0182. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected].
FOR FURTHER INFORMATION CONTACT: George Wunder, Senior Project Manager,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-1494; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 29, 2020.
For the Nuclear Regulatory Commission.
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
Attachment--Exemption.
NUCLEAR REGULATORY COMMISSION
Docket No. 52-020
Framatome Inc.
Application for Standard Design Certification of the U.S. EPR
I. Background
By letter dated December 11, 2007, Areva NP Inc. (Areva) (now
Framatome Inc.(Framatome)) submitted to the NRC an application for
standard design certification of the U.S. EPR (ADAMS Accession No.
ML073520305). Following an acceptance review, the NRC docketed the
application (Docket No. 52-020) in a letter dated February 25, 2008
(ADAMS Accession No. ML080380357). By letter dated July 17, 2014 (ADAMS
Accession No. ML14209A053), Areva submitted Revision 7 to the standard
design certification application. By letter dated February 25, 2015
(ADAMS Accession No. ML15061A130), Areva requested that the NRC suspend
review of the U.S. EPR standard design certification application. By
letter dated June 30, 2020 (ADAMS Accession No. ML20188A219), Framatome
requested an exemption from the annual reporting requirements of 10 CFR
50.46(a)(3)(iii) stating in part that ``. . . given that the NRC's
review of the U.S. EPR DCA [design certification application] has been
suspended and remains suspended, Framatome requests an exemption from
the requirement to submit annual reports required by 10 CFR
50.46(a)(3)(iii) for the next five years (2020-2024).''
II. Request/Action
Section 50.46(a)(1)(i) in part provides requirements for models
used in calculations regarding ECCS performance following postulated
loss of coolant accidents. Section 50.46(a)(3)(iii) requires that an
applicant for a standard design certification report any change or
error found in such ECCS performance models, including the nature of
the change or error and its estimated effect on the limiting ECCS
analysis, at least annually.
In a letter dated June 30, 2020 (ADAMS Accession No. ML20188A219),
Framatome requested an exemption from the reporting requirements of 10
CFR 50.46(a)(3)(iii) for the years 2020-2024. Framatome has committed
to submit the required report before requesting to reactivate the U.S.
EPR review. They have committed to updating the required report, or
taking other appropriate action, no later than December 31, 2024.
[[Page 62338]]
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50, including 10 CFR 50.46(a)(3)(iii),
when: (1) The exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if
(1) application of the regulation in the particular circumstances would
not serve the underlying purpose of the rule or is not necessary to
achieve the underlying purpose of the rule (10 CFR 50.12(a)(2)(ii)), or
(2) compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated (10 CFR 50.12(a)(2)(iii)).
The purpose of 10 CFR 50.46(a)(3)(iii) is to provide timely
reporting to the NRC regarding the nature and estimated effect of any
change or error in the limiting ECCS analysis. Because the NRC
suspended its review of the U.S. EPR standard design certification
application at the applicant's request, any submittal by Framatome
under the requirements of 10 CFR 50.46 would not be reviewed by the
staff until such time as the design certification review is
reactivated. The preparation of a 10 CFR 50.46 report requires
expenditure of resources by, and cost to, the applicant. Framatome has
committed to providing a 10 CFR 50.46 report before any request to
reactivate the review of the design certification application.
Framatome is seeking the exemption for the years 2020-2024. Framatome
has committed to updating the 10 CFR 50.46 report or taking other
appropriate action, as necessary, no later than December 31, 2024.
No Undue Risk to Public Health and Safety
The purpose of 10 CFR 50.46(a)(3)(iii) is to provide for timely
notification of the nature and estimated effect of any errors or
changes in the limiting ECCS analysis. Because the review of the U.S.
EPR standard design certification application has been suspended at the
applicant's request, any report submitted under 10 CFR 50.46 would not
be reviewed by the staff until such time as the review of the design
certification is reactivated. The requested exemption is administrative
and deals only with the schedule for reports which would not be
reviewed. Because the exemption applies only to an application, not to
a licensed entity, this exemption has no safety implications and
introduces nothing that could adversely impact public health. Under the
proposed exemption, any further review of the U.S. EPR standard design
certification application will not resume until Framatome submits the
required report. The request for an exemption has no bearing on public
health and safety and, therefore, poses no undue risk to public health
and safety. Design certification cannot occur until the NRC's review of
the application is completed and a final safety evaluation report is
issued. Additionally, based on the nature of the requested exemption as
described above, no new accident precursors are created by the
exemption; therefore, neither the probability nor the consequences of
postulated accidents are increased and there is no undue risk to public
health and safety.
Consistent With Common Defense and Security
The requested exemption would relieve Framatome of the requirement
to submit annual reports required by 10 CFR 50.46(a)(3)(iii) for the
years 2020-2024. The applicant has committed to submit a 10 CFR 50.46
report before submitting any request for the NRC to resume reviewing
the U.S. EPR design certification application and to update the
required report, or take other appropriate action, no later than
December 31, 2024. This schedule change has no relation to security
issues; therefore, the common defense and security is not impacted.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present under the circumstances relevant to the requested exemption.
Specifically, special circumstances are present if application of the
regulation in the particular circumstances would not serve the
underlying purpose of the rule or is not necessary to achieve the
underlying purpose of the rule (10 CFR 50.12(a)(2)(ii)) or if
compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated (10 CFR 50.12(a)(2(iii)).
The underlying purpose of 10 CFR 50.46(a)(3)(iii) is to ensure that
the NRC receives timely notification of the nature and estimated effect
of errors or changes in the limiting ECCS analysis. A thorough
understanding of ECCS performance is critical to the staff's review;
however, since review of the U.S. EPR standard design certification
application has been suspended at the applicant's request, any report
filed under 10 CFR 50.46 would not be reviewed until such time as the
design certification review is reactivated. Framatome has committed to
submit the required report before requesting that the NRC reactivate
its review of the design certification. Submitting a report under
50.46(a)(3)(iii) before the resumption of any review of the design
certification is sufficient to meet the underlying intent of the
regulation. Submitting annual reports for the years 2020-2024 while the
review is suspended is not necessary to meet the underlying intent of
the regulation.
The preparation of reports required by 10 CFR 50.46(a)(3)(iii) is
time consuming and requires resources to review and document the
condition reports for any change to or error in an acceptable
evaluation model or in the application of such a model. It is likely
that suspension of a standard design certification review was not
anticipated when the requirements for reporting were made. As such,
requiring Framatome to submit annual 10 CFR 50.46 reports that would
not be reviewed would be to subject them to an undue hardship that is
significantly in excess of those contemplated when the regulation was
adopted.
For the above stated reasons, special circumstances are present
under 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(2)(iii).
Eligibility for Categorical Exclusion from Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25) provided that:
(i) There is no significant hazards consideration;
The criteria for determining whether there is no significant
hazards consideration are found in 10 CFR 50.92. The proposed action
involves only a schedule change regarding the submission of a report on
errors or changes in the ECCS analysis for a standard design
certification application review which is currently suspended.
Therefore, there is no significant hazards consideration because
granting the proposed exemption would not:
[[Page 62339]]
(1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
(2) Create the possibility of a new or different kind of accident
from any accident previously evaluated; or
(3) Involve a significant reduction in a margin of safety.
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
The proposed action involves only a schedule change, which is
administrative in nature and does not involve any changes to be made in
the types or significant increase in the amounts of effluents that may
be released offsite.
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
Since the proposed action involves only a schedule change, which is
administrative in nature, it does not contribute to any significant
increase in occupational or public radiation exposure.
(iv) There is no significant construction impact;
The proposed action involves only a schedule change which is
administrative in nature; the application is for a standard design
certification the review of which is suspended until further notice. No
application for construction or operation has been filed. Accordingly,
the proposed action does not involve any construction impact.
(v) There is no significant increase in the potential for or
consequences from radiological accidents;
The proposed action involves only a schedule change which is
administrative in nature and does not impact the probability or
consequences of accidents.
(vi) The requirements from which an exemption is sought involve:
(1) Reporting requirements;
The exemption request involves submitting a report required by 10
CFR 50.46(a)(3)(iii); and
(2) Scheduling requirements;
The proposed exemption relieves that applicant from submitting the
required reports for the years 2020-2024.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants Framatome a one-time exemption
from the reporting requirements of 10 CFR 50.46(a)(3)(iii) until
December 31, 2024. This exemption provides that Framatome shall submit
a report under 10 CFR 50.46(a)(3)(iii) before making any request that
the NRC resume its review of the U.S. EPR standard design certification
application and that Framatome shall update that report or take other
appropriate action no later than December 31, 2024.
Pursuant to 10 CFR 51.22, the Commission has determined that the
exemption request meets the applicable categorical exclusion criteria
set forth in 10 CFR 51.22(c)(25), and the granting of this exemption
will not have a significant effect on the quality of the human
environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 29th day of September 2020.
For The Nuclear Regulatory Commission,
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-21811 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P
