[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23949]


[Federal Register: September 28, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285]


In the Matter of Omaha Public Power District (Fort Calhoun 
Station, Unit 1); Exemption

I

    The Omaha Public Power District (OPPD/the licensee) is the holder 
of Facility Operating License No. DPR-40, which authorizes operation of 
the Fort Calhoun Station, Unit 1 (the facility), at steady state 
reactor core power levels not in excess of 1500 megawatts thermal. This 
facility is a pressurized water reactor located in Washington County, 
Nebraska. The license provides, among other things, that Fort Calhoun 
Station, Unit 1 is subject to all rules, regulations, and Orders of the 
Commission now or hereafter in effect.

II

    The proposed action would exempt the licensee from the filing time 
requirements of 10 CFR 50.36a(a)(2) regarding the submission of the 
report of annual radioactive liquid and gaseous effluents released to 
unrestricted areas during the previous calendar year. By letter dated 
May 25, 1994, the licensee requested an exemption from 10 CFR 
50.36a(a)(2) to allow the licensee to change the date specified in the 
technical specifications for submitting this report from March 1 to 
before May 1, starting in 1995. These reports are required by 10 CFR 
50.36a(a)(2) to be submitted at intervals no greater than 12 months. 
Because of the change, the interval between the 1994 and the 1995 
reports will be greater than 12 months.

III

    The Commission has reviewed the licensee's rationale for a one-time 
exemption from 10 CFR 50.36a(a)(2) in order to allow for the submittal 
date in the technical specifications (TS) to be changed to May 1.
    Based on its review, the Commission finds the licensee has shown 
good cause for the requested exemption from 10 CFR 50.36a(a)(2). The 
proposed exemption is needed to allow the licensee to take advantage of 
the new date that the report would be due, under the guidance of a 
draft generic letter regarding the new 10 CFR part 20. The previous TS 
5.9.4.a was based on the old requirement that the report be submitted 
within 60 days after January 1 of each year (March 1). Approval of the 
new TS will require this one time exemption to change the date of 
submission from March 1 to any date prior to May 1. This exemption will 
not affect the information required to be submitted for the time period 
the report covers (the previous calendar year's data); only the date 
the report is to be submitted would be changed. The special 
circumstances required by 10 CFR 50.12(a)(2)(ii) are present since the 
application of the submittal time requirement of 10 CFR 50.36a(a)(2) to 
the Annual Radioactive Effluent Release Report is not required to 
achieve the underlying purpose of the rule. Therefore, the request to 
extend the time requirement for submission of the annual report is 
acceptable.

IV

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, the 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; and that special circumstances are present as set 
forth above. Therefore, the Commission hereby grants an exemption from 
the time requirements of 10 CFR 50.36a(a)(2).
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
issuance of the Exemption will have no significant impact on the 
environment (59 FR 39579).
    This Exemption is effective upon issuance.

    Dated at Rockville, Maryland this 22nd day of September 1994.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-23949 Filed 9-27-94; 8:45 am]
BILLING CODE 7590-01-M