[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Notices]
[Page 70807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33826]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260, 50-296]
Tennessee Valley Authority (Browns Ferry Nuclear Plants Units 1,
2, and 3); Exemption
I
Tennessee Valley Authority (TVA or the licensee) is the holder of
Facility Operating License Nos. DPR-33, DPR-52 and DPR-68, for
operation of the Browns Ferry Nuclear Plant (BFN) Units 1, 2 and 3. The
licenses provide, among other things, that the licensee is subject to
all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (Commission or NRC) now or hereafter in effect.
These facilities consist of three boiling water reactors located in
Limestone County, Alabama.
II
Title 10 of the Code of Federal Regulations (10 CFR), Section
50.71, ``Maintenance of records, making of reports,'' paragraph (e)(4)
states, in part, that ``Subsequent revisions [to the Updated Final
Safety Analysis Report (UFSAR)] must be filed annually or 6 months
after each refueling outage provided the interval between successive
updates to the FSAR does not exceed 24 months.'' The three BFN units
share a common UFSAR; therefore, this rule requires the licensee to
update the same document within 6 months after a refueling outage for
each unit.
III
Section 50.12(a) of 10 CFR, ``Specific exemptions,'' states that
The Commission may, upon application by any interested person,
or upon its own initiative, grant exemptions from the requirements
of the regulations of this part, which are (1) Authorized by law,
will not present an undue risk to the public health and safety, and
are consistent with the common defense and security. (2) The
Commission will not consider granting an exemption unless special
circumstances are present.
Section 50.12(a)(2)(ii) of 10 CFR states that special circumstances
are present when ``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. * * *'' As
noted in the NRC staff's Safety Evaluation, the licensee's proposed
schedule for UFSAR updates will ensure that the BFN UFSAR will be
maintained current within 24 months of the last revision. The proposed
schedule fits within the 24-month duration specified by 10 CFR
50.71(e)(4). Literal application of 10 CFR 50.71(e)(4) would require
the licensee to update the same document within 6 months after a
refueling outage for each unit, a more burdensome requirement than
intended. Accordingly, the Commission has determined that special
circumstances are present as defined in 10 CFR 50.12(a)(2)(ii). The
Commission has further determined that, pursuant to 10 CFR 50.12, 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, and is otherwise in the public interest. The Commission
hereby grants the licensee an exemption from the requirement of 10 CFR
50.71(e)(4) to submit updates to the BFN UFSAR within 6 months of each
unit's refueling outage. The licensee will be required to submit
updates to the BFN UFSAR within 6 months after Unit 2 refueling
outages, but not to exceed 24 months from the last submittal.
Pursuant to 10 CFR 51.32, the Commission has determined that
granting of this exemption will have no significant effect on the
quality of the human environment (63 FR 69311).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of December 1998.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33826 Filed 12-21-98; 8:45 am]
BILLING CODE 7590-01-P
