[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9612]


[[Page Unknown]]

[Federal Register: April 21, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446]

 

Texas Utilities Electric Co. (Comanche Peak Steam Electric 
Station, Unit Nos. 1 and 2); Exemption

I

    On April 17, 1990, and April 6, 1993, the Commission issued 
Facility Operating Licenses Nos. NPF-87 and NPF-89 to Texas Utilities 
Electric Company (the licensee) for Comanche Peak Steam Electric 
Station, Unit Nos. 1 and 2 (CPSES), respectively. These licenses 
provided, among other things, that the facilities are subject to all 
rules, regulations and orders of the Commission.

II

    Section 50.71(e)(3)(i) of Title 10 of the Code of Federal 
Regulations requires the licensees of nuclear power reactors to submit 
an Updated Final Safety Analysis Report (UFSAR). The UFSAR is defined 
as ``a revision of the original FSAR [Final Safety Analysis Report] 
containing those original pages that are still applicable plus new 
replacement pages.'' By letter dated October 14, 1993, the licensee 
requested an exemption from 10 CFR 50.71(e) that would eliminate the 
requirement to resubmit those original pages of the FSAR that are still 
applicable when submitting the UFSAR.
    The licensee has maintained the FSAR current since the original 
FSAR submittal in 1978 to the present by issuing amendments to the 
FSAR, which contain new replacement pages, approximately every three 
months. The licensee has committed to maintain the FSAR using this 
process until the issuance of the UFSAR. The final amendment to the 
FSAR, containing only replacement pages, would convert the FSAR to the 
UFSAR. The amendment to convert the FSAR to the UFSAR would be 
submitted by February 2, 1995.

III

    The staff has reviewed the licensee's request to eliminate the 
requirement to resubmit original pages to the FSAR that are still 
applicable with the UFSAR submittal for Comanche Park Steam Electric 
Station. The underlying purpose of 10 CFR 50.71(e) is to assure that 
the Updated Final Safety Analysis Report is updated to contain the 
latest material developed.
    The Comanche Peak Steam Electric Station FSAR is approximately 
7,500 to 8,000 pages of text and tables, and 1,500 to 2,000 sheets of 
figures. As the licensee has maintained the FSAR current by periodic 
amendments, the vast majority of this material does not require 
revision and the number of new replacement pages associated with the 
UFSAR submittal would be relatively small. Thus, the CPSES FSAR meets 
the intent of 10 CFR 50.71(e) for issuance of the UFSAR because it 
contains the latest material developed.
    Therefore, an exemption is warranted since the licensee has 
maintained the FSAR in a manner that is consistent with the underlying 
purpose of issuing the UFSAR in accordance with 10 CFR 50.71(e).

IV

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a)(1), this 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. The Commission further determines that 
special circumstances, as provided in 10 CFR 50.12(a)(2)(ii), are 
present justifying the exemption. The application of the regulation in 
the particular circumstances is not necessary to achieve the underlying 
purpose of the rule in that the licensee has maintained the Comanche 
Peak Steam Electric Station FSAR current and has committed to continue 
to do so in accordance with the rule.
    Accordingly, the Commission hereby grants an exemption as described 
in Section III above from 10 CFR 50.71(e)(3)(i) of 10 CFR part 50 to 
not resubmit the original pages of the FSAR that are still applicable 
when the licensee submits its Updated Final Safety Analysis Report. 
Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of the Exemption will have no significant impact on the 
environment (59 FR 16246).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 14th day of April 1994.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Acting Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-9612 Filed 4-20-94; 8:45 am]
BILLING CODE 7590-01-M