[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42608-42609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20878]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370]
In the Matter of Duke Power Company; (McGuire Nuclear Station,
Units 1 and 2); Exemption
I
The Duke Power Company (the licensee) is the holder of Facility
Operating License Nos. NPF-9 and NPF-17, for the McGuire Nuclear
Station, Units 1 and 2. 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.
These facilities consist of two pressurized water reactors located
at the licensee's site in Mecklenburg County, North Carolina.
II
Title 10 of the Code of Federal Regulations (10 CFR) at subsection
(a) of 10 CFR 70.24, ``Criticality Accident Requirements,'' requires
that each licensee authorized to possess special nuclear material shall
maintain in each area where such material is handled, used, or stored,
a criticality accident monitoring system ``using gamma-or neutron-
sensitive radiation detectors which will energize clearly audible alarm
signals if accidental criticality occurs.'' Subsection (a)(1) and
(a)(2) of 10 CFR 70.24 specify the detection, sensitivity, and coverage
capabilities of the monitors required by 10 CFR 70.24(a). Subsection
(a)(3) of 10 CFR 70.24 requires that the licensee shall maintain
emergency procedures for each area in which this licensed special
nuclear material is handled, used, or stored and provides (1) that the
procedures ensure that all personnel withdraw to an area of safety upon
the sounding of a criticality monitor alarm, (2) that the procedures
must include drills to familiarize personnel with the evacuation plan,
and (3) that the procedures designate responsible individuals for
determining the cause of the alarm and placement of radiation survey
instruments in accessible locations for use in such an emergency.
Subsection (b)(1) requires licensees to have a means to quickly
identify personnel who have received a dose of 10 rads or more.
Subsection (b)(2) requires licensees to maintain personnel
decontamination facilities, to maintain arrangements for a physician
and other medical personnel qualified to handle radiation emergencies,
and to maintain arrangements for the transportation of contaminated
individuals to treatment facilities outside the site boundary.
Subsection (c) exempts Part 50 licensees (such as McGuire) from the
requirements of paragraph (b). Subsection (d) states that any licensee
who believes that there is good cause why he should be granted an
exemption from all or part of 10 CFR 70.24 may apply to the Commission
for such an exemption and shall specify the reasons for the relief
requested.
By letter dated February 4, 1997, as supplemented March 19, 1997,
Duke Power Company requested an exemption for all its nuclear plants
from the requirements of 10 CFR 70.24. The staff has reviewed the
licensee's submittal, and documented its detailed review in a Safety
Evaluation. The staff found that existing procedures and design
features make an inadvertent criticality in special nuclear materials
handling or storage at McGuire unlikely. The licensee has thus met the
intent of 10 CFR 70.24(d) by the low probability of an inadvertent
criticality in areas where fresh fuel could be present, by the
licensee's adherence to General Design Criterion 63 regarding radiation
monitoring, and by provisions for personnel training and evacuation.
III
Section 70.14 of 10 CFR, ``Specific exemptions,'' states that
The Commission may, upon application by any interested person or
upon its own initiative, grant such exemptions from the requirements
of the regulations in this part as it determines are authorized by
law and will not endanger life or property or the common
[[Page 42609]]
defense and security and are otherwise in the public interest.
Section 70.24(d) of 10 CFR states that
Any licensee who believes that good cause exists why he should
be granted an exemption in whole or in part from the requirements of
this section may apply to the Commission for such exemption.
Accordingly, the Commission has determined that good cause is
present as defined in 10 CFR 70.24(d). The Commission has further
determined that, pursuant to 10 CFR 70.14, the exemption is authorized
by law and will not endanger life or property or the common defense and
security and are otherwise in the public interest. Therefore, the
Commission hereby grants Duke Power Company an exemption from the
requirement of 10 CFR 70.24(a)(1), (2), and (3) for McGuire, Units 1
and 2, on the bases as stated in Section II above.
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 (62 FR 41101).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 31st day of July 1997.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-20878 Filed 8-6-97; 8:45 am]
BILLING CODE 7590-01-P
