[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6214]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 50-425]
Southern Nuclear Operating Company, Inc., et al. (Vogtle Electric
Generating Plant, Units 1 and 2); Exemption
I
Southern Nuclear Operating Company, Inc., et al. (the licensee) is
the holder of Facility Operating License Nos. NPF-68 and NPF-81, for
the Vogtle Electric Generating Plant (VEGP), Units 1 and 2,
respectively. The licenses provide, among other things, that the
licensee is subject to all rules, regulations, and orders of the
Commission now or hereafter in effect.
The VEGP facility consists of two pressurized-water reactors
located at the licensee's site in Burke County, Georgia.
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 Final Safety
Analysis Report (FSAR)] must be filed annually or 6 months after each
refueling outage provided that the interval between successive updates
[to the FSAR] does not exceed 24 months.'' The VEGP, Units 1 and 2,
share a common FSAR; therefore, this rule requires the licensee to
update the same document within 6 months after a refueling outage for
either unit. By letter dated January 23, 1998, the licensee requested
an exemption from the requirements of 10 CFR 50.71(e)(4).
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 staff's supporting Safety Evaluation, the licensee's
proposed schedule for FSAR updates will ensure that the VEGP FSAR will
be maintained current within 24 months of the last revision and the
interval for submission of the 10 CFR 50.59 design change report will
not exceed 24 months. 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 either 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 public health and safety, and is consistent with the
common defense and security. The Commission hereby grants the licensee
an exemption from the requirements of 10 CFR 50.71(e)(4) to submit
updates to the VEGP FSAR within 6 months of the VEGP Unit 2 refueling
outage. The licensee will be required to submit updates to the VEGP
FSAR within 6 months after the Unit 2 refueling outage. With the
current length of fuel cycles, FSAR updates would be submitted every 18
months, but not to exceed 24 months from the last submittal.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will have no significant effect on the
quality of the human environment (63 FR 10248).
This exemption is effective upon issuance.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 5th day of March 1998.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-6214 Filed 3-10-98; 8:45 am]
BILLING CODE 7590-01-P
