[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Notices]
[Page 15545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8205]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear
Power Station); Exemption
I
The Vermont Yankee Nuclear Power Corporation (VYNPC, the licensee)
is the holder of Facility Operating License No. DPR-28 which authorizes
operation of the Vermont Yankee Nuclear Power Station (the facility) at
power levels no greater than 1593 megawatts thermal. The facility is a
single-unit boiling water reactor (BWR) located at the licensee's site
in Windham County, Vermont.
The License provides, among other things, that the Vermont Yankee
Nuclear Power Station is subject to all rules, regulations, and orders
of the Nuclear Regulatory Commission (the Commission) now or hereafter
in effect.
II
On November 19, 1980, the Commission published a revised Section 10
CFR 50.48 and a new Appendix R to 10 CFR Part 50 regarding fire
protection features of nuclear power plants. The revised Section 50.48
and Appendix R became effective on February 17, 1981. Section III of
Appendix R contains 15 subsections, lettered A through O, each of which
specifies requirements for a particular aspect of the fire protection
features at a nuclear power plant. Subsection III.J is the subject of
the licensee's exemption request.
Section III.J of Appendix R requires that emergency lighting units
with at least an 8-hour battery power supply shall be provided in all
areas needed for operation of safe shutdown equipment and in access and
egress routes thereto.
III
By letter dated June 17, 1996, the licensee requested an exemption
from Section III.J of Appendix R. In particular, the licensee stated
that it cannot meet the requirements for emergency lighting units with
at least an 8-hour battery power supply in the following areas:
(1) A portion of general yard areas for access and egress to the
nitrogen containment inerting tank area and the nitrogen storage bottle
area, and
(2) the nitrogen containment inerting tank area and the nitrogen
storage tank area.
The licensee proposes to utilize the security perimeter lighting
for outdoor egress routes and for tasks performed in either of two
locations. Based on the staff's review of the information provided by
the licensee, the staff has concluded, given that the security lighting
is powered from a separate power source, the security lighting is not
vulnerable to fire loss. The security lighting is inspected and
maintained as part of the plant security requirements. The licensee has
confirmed that the illumination levels in the affected areas of the
plant are adequate to enable operators to implement the actions
required for safe shutdown.
Therefore, the staff considers the licensee's alternative lighting
configuration to be equivalent to that achieved by literal conformance
with Appendix R to 10 CFR Part 50 and, therefore, meets the underlying
purpose of Section III.J of Appendix R. Therefore, the licensee's
request for exemption from the requirements of Section III.J in the
subject locations should be granted.
IV
Pursuant to 10 CFR 50.12(a)(2), the Commission will not consider
granting an exemption unless special circumstances are present. Item
(ii) of the subject regulation includes special circumstances where
application of the subject regulation would not serve the underlying
purpose of the rule or is not necessary to achieve the underlying
purpose of the rule.
The underlying purpose of Section III.J of Appendix R is to provide
adequate illumination to assure the capability of performing all
necessary safe shutdown functions as well as provide illumination for
required movements into and out of the plant. In lieu of the 8-hour
battery powered units specified by Appendix R, the licensee has
proposed using existing security lighting. The staff has reviewed the
proposed alternative and has concluded, as described above, that the
security lighting system would be a reliable alternative and would
provide an adequate level of illumination to assure that all required
safe shutdown functions and required personnel movements can be
performed. Therefore, the staff concludes that special circumstances
exist for the licensee's requested exemption in that imposition of the
literal requirements of the regulation in these particular
circumstances is not necessary to achieve the underlying purpose of
Appendix R to 10 CFR Part 50.
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a)(2)(ii), special circumstances exist in that existing levels of
emergency lighting satisfy the underlying purpose of Appendix R to 10
CFR Part 50. Further, the staff has concluded that the requested
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. Therefore, the Commission hereby grants the exemption request
from the requirements of Section III.J of Appendix R to 10 CFR Part 50
described in Section III above.
Pursuant to 10 CFR 51.32, the Commission has determined that the
issuance of this exemption will have no significant impact on the
quality of the human environment (62 FR 12255).
This Exemption is effective upon issuance.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland this 23rd day of March 1997.
Samuel J. Collins,
Director Office of Nuclear Reactor Regulation.
[FR Doc. 97-8205 Filed 3-31-97; 8:45 am]
BILLING CODE 7590-01-P
