[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32112]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305]
Wisconsin Public Service Co. (Kewaunee Nuclear Power Plant);
Exemption
I
The Wisconsin Public Service Company (WPSC, the licensee) is the
holder of Facility Operating License No. DPR-43, which authorizes
operation of the Kewaunee Nuclear Power Plant. The operating license
states, among other things, that the licensee is subject to all rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (the
Commission) now or hereafter in effect.
The Kewaunee Nuclear Power Plant is a pressurized-water reactor
facility located at the licensee's site in Kewaunee County, Wisconsin.
II
By letter dated August 6, 1998, WPSC submitted an exemption request
to certain requirements in Title 10 of the Code of Federal Regulations,
Part 50, Appendix G, ``Fracture Toughness Requirements,'' which invokes
ASME, Section XI, Appendix G pressure-temperature limits for reactor
pressure vessels (RPVs).
III
The NRC has established requirements in 10 CFR part 50 to protect
the integrity of the reactor coolant system pressure boundary. 10 CFR
50.60(a) and 10 CFR part 50, appendix G.IV.2. require (via reference to
10 CFR 50.55a) that pressure-temperature (P-T) limits be established
for RPVs during normal operation and vessel hydrostatic testing based
on the methodology provided in the 1989 Edition of ASME Section XI,
Appendix G. Pursuant to 10 CFR 50.60(b), alternatives to the
requirements of 10 CFR part 50, appendix G.IV.2 may be used when an
exemption is granted by the Commission. The underlying purpose of 10
CFR 50.60(a) and 10 CFR Part 50, Appendix G, is to establish fracture
toughness requirements for the reactor coolant system pressure boundary
to provide adequate margins of safety during normal operation,
including anticipated operational occurrences and system hydrostatic
tests, to which the pressure boundary may be subjected over its service
lifetime.
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 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) when special circumstances are present. Special circumstances are
present whenever, according to 10 CFR 50.12(a)(2)(ii), ``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.''
The NRC staff examined WPSC's rationale to support the exemption
request and concluded that the use of Code Case N-588 would also meet
the underlying intent of the regulations. The licensee's request for
the exemption under the special circumstances of 10 CFR 50.12(a)(2)(ii)
was found to be appropriate. Application of the regulation is not
necessary to achieve the underlying purpose of the rule because, as
stated in the staff Safety Evaluation, dated November 25, 1998,
adequate margins of safety on the structural integrity of the reactor
coolant pressure boundary are maintained with the application of Code
Case N-588. Therefore, the NRC staff has concluded that an exemption to
the requirements of 10 CFR 50.60 and 10 CFR part 50, appendix G.IV.2
should be granted to allow WPSC to apply the methodology in ASME Code
Case N-588 for the purpose of developing P-T limits for the KNPP RPV.
IV
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), an exemption is authorized by law, will not endanger life or
property or common defense and security, and is otherwise in the public
interest. Therefore, the Commission hereby grants an exemption from the
requirements of 10 CFR 50.60(a) and 10 CFR part 50, appendix G.IV.2 to
allow WPSC to apply the methods in ASME Code Case N-588 for the
evaluation of KNPP pressure-temperature limits.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (63 FR 65265).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 25th day of November 1998.
For the Nuclear Regulatory Commission.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-32112 Filed 12-1-98; 8:45 am]
BILLING CODE 7590-01-P