[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Notices]
[Pages 26825-26826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12740]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387 and 50-388]
Pennsylvania Power & Light Company, Susquehanna Steam Electric
Station, Units 1 and 2; Exemption
I
The Pennsylvania Power & Light Company (PP&L, the licensee) is the
holder of Facility Operating License Nos. NPF-14 and NPF-22, which
authorize operation of the Susquehanna Steam Electric Station (SSES),
Units 1 and 2. The license provides, among other things, that the
licensee is subject to all rules, regulations, and orders of the
Nuclear Regulatory Commission (the Commission) now or hereafter in
effect.
These facilities consist of two boiling water reactors located at
the licensee's site in Luzerne County, Pennsylvania.
II
Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) 10
CFR 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 the interval between successive updates
to the FSAR does not exceed 24 months.'' The two SSES units 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.
III
It is stated in 10 CFR 50.12(a), ``Specific exemptions,'' 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.'' In 10 CFR 50.12(a)(2)(ii), it is further stated 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.''
IV
It is required in 10 CFR 50.71(e)(4) that all licensees update
their FSARs at least every refueling outage and no less frequently than
every 2 years. When two units share a common FSAR, the rule has the
effect of making the licensee update the FSAR roughly every 12 to 18
months; this is contrary to the intent of the rule. The authors of the
rule recognized the effect of the rule's language on multiple
facilities sharing a common FSAR in responding to comments on the
rulemaking by stating that licensees will have maximum flexibility for
scheduling updates to their FSARs on a case-by-case basis; however, the
final rule does not address multiple facilities (57 FR 39353, August
31, 1992).
The requested exemption would require periodic updates once per
refueling cycle, based on SSES Unit 2 refueling outage schedule, but
not to exceed 24 months from the last submittal. The requirement that
an update be submitted within 6 months of an outage of each unit is not
retained. Allowing the exemption would maintain the SSES FSAR current
within 24 months of the last revision and would not exceed a 24-month
interval for submission of the 10 CFR 50.59 design change report for
either unit.
V
The licensee's special circumstance is that, as stated in 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,'' when it
applies to the frequency of updating the FSAR for dual units. When two
units share a common FSAR, the rule stated in 10 CFR 50.71(e)(4), which
requires that all licensees update their FSAR at least every refueling
outage and no less frequently than every 2 years, has the effect of
making the licensee update the FSAR approximately every 12 to 18
months. This is contrary to the intent of the rule.
The licensee's proposed schedule for FSAR updates will ensure that
the SSES 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 Commission has
[[Page 26826]]
determined that, pursuant to 10 CFR 50.12, an exemption is authorized
by law, will not present an undue risk to the public health and safety
and is consistent with common defense or security, and is otherwise in
the public interest. The Commission has also determined that special
circumstances are present as defined in 10 CFR 50.12(a)(2)(ii), which
is, ``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 Commission hereby
grants the licensee an exemption from the requirement of 10 CFR
50.71(e)(4) to submit updates to the SSES FSAR within 6 months of each
outage. The licensee will be required to submit updates to the FSAR
based upon the Unit 2 refueling cycle frequency. The exemption will
allow the licensee to maintain the SSES FSAR within 24 months of the
last revision and not to exceed a 24-month interval for the submission
of the 10 CFR 50.59 summary report for either unit.
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 (62 FR 24980). This exemption is
effective upon issuance.
Dated at Rockville, Maryland, this 9th day of May 1997.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-12740 Filed 5-14-97; 8:45 am]
BILLING CODE 7590-01-P
