[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3376]


[[Page Unknown]]

[Federal Register: February 14, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259 and 50-296]

 

Tennessee Valley Authority; Browns Ferry Nuclear Plant Units 1 
and 3

Exemption

I

    The Tennessee Valley Authority (the licensee) is the holder of 
Facility Operating License Nos. DPR-33 and DPT-68, which authorize 
operation of the Browns Ferry Nuclear Plant (BFN) Units 1 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 (the Commission) now or hereafter in effect.
    These facilities are two boiling water reactors located at the 
licensee's site in Limestone County, Alabama. One other boiling water 
reactor at this site is not affected by this exemption.

II

    Title 10 CFR 73.55, ``Requirements for physical protection of 
licensed activities in nuclear power reactors against radiological 
sabotage,'' paragraph (a), in part, states: ``The licensee shall 
establish and maintain an onsite physical protection system and 
security organization which will have as its objective to provide high 
assurance that activities involving special nuclear material are not 
inimical to the common defense and security and do not constitute an 
unreasonable risk to the public health and safety.''
    Containment access controls specified by 10 CFR 73.55(d)(8) require 
that any time frequent access to the containment is required, positive 
controls are maintained by a guard or watchman to assure only 
authorized personnel or materials are permitted into the containment.
    BFN Units 1 and 3 have been shut down since March 1985 for 
modifications required to put the units in compliance with applicable 
regulatory requirements. A substantial number of the required 
modifications require frequent containment access. Therefore, the 
licensee has maintained a guard at a controlled access location to 
fulfill the requirements of 10 CFR 73.55(d)(8).
    BFN Units 1 and 3 have been defueled since September 1985 and 
February 1987, respectively. In a defueled condition, the potential 
radiological hazard associated with postulated accidents for these 
reactors is very low. Therefore, on September 2, 1993, the licensee 
requested an exemption from 10 CFR 73.55(d)(8) to eliminate the 
positive containment access controls until the reactors are refueled. 
In response to a request for additional information dated December 2, 
1993, on December 17, 1993, the licensee provided information verifying 
the small radiological hazard for the defueled reactors.

III

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission 
may, upon application of any interested person or upon its own 
initiative, grant such exemptions as it determines are authorized by 
law and will not endanger life or property or the common defense and 
security, and are otherwise in the public interest. Pursuant to 10 CFR 
73.55, the Commission may authorize a licensee to provide alternate 
measures for protection against radiological sabotage provided the 
licensee demonstrates that the alternate measures have ``the same high 
assurance objective'' and meet ``the general performance requirements'' 
of the regulation, and ``the overall level of system performance 
provides protection against radiological sabotage equivalent'' to that 
which would be provided by the regulation.
    The licensee asserts that these criteria are satisfied and an 
exemption from 10 CFR 73.55(d)(8) requirements can be granted, give the 
unique status of BFN Units 1 and 3 and the other controls which are or 
will be exercised to ensure the reactors are returned to service in a 
safe manner. Presently, the reactors are defueled, which reduces the 
radiological hazard potential within the containment such that sabotage 
could not create a substantial public radiation dose. The licensee 
notes that it will perform extensive return-to-service testing on all 
safety-related systems. This testing ensures that plant components can 
properly perform their intended design functions. After modifications 
are completed, the licensee will also perform security inspections to 
detect sabotage or introduction of foreign material which may have 
occurred during the recovery effort.
    The licensee's application also discusses measures such as access 
authorization controls, criminal background checks, and fitness for 
duty verification. However, the staff has found that these measures are 
consistent with minimum compliance with the regulations, and do not 
constitute compensatory actions which justify granting the exemption.

IV

    As documented in the staff's safety evaluation, given the fact that 
the Browns Ferry Nuclear Plant Units 1 and 3 are defueled for the 
duration of this exemption, and the licensee's plans for security 
inspections and return-to-service testing of equipment provide the same 
high assurance, meet the general performance requirements, and provide 
an overall level of radiological sabotage protection equivalent to 
continued conformance to the regulation. Accordingly, the Commission 
has determined that, pursuant to 10 CFR 73.5, an exemption is 
authorized by law, will not endanger life or property or common defense 
or security, and is otherwise in the public interest. Therefore, the 
Commission hereby grants the licensee an exemption from the 
requirements of 10 CFR 73.55(d)(8) for positive containment access 
controls on BFN Units 1 and 3 during periods of frequent access until 
immediately before fuel is loaded. Provisions of 10 CFR 73.55(d)(8) 
pertaining to other containment access controls shall remain in effect.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting this exemption will not result in any significant adverse 
environmental impact (59 FR 3881, January 27, 1994).
    This exemption is effective upon issuance. This exemption expires 
for the Browns Ferry Nuclear Plant Unit 1 when the licensee begins to 
load nuclear fuel in that reactor, and expires for the Browns Ferry 
Nuclear Plant Unit 3 when the licensee begins to load nuclear fuel in 
that reactor.

    Dated at Rockville, Maryland, this 1st day of February 1994.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 94-3376 Filed 2-11-94; 8:45 am]
BILLING CODE 7590-01-M