[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Notices]
[Pages 17593-17594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8453]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286]


Power Authority of the State of New York, (Indian Point Nuclear 
Generating Unit No. 3); Exemption

I

    The Power Authority of the State of New York (the licensee) is the 
holder of Facility Operating License No. DPR-64, which authorizes 
operation of the Indian Point Nuclear Generating Unit 
[[Page 17594]] No. 3 (IP3). 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.
    The facility consists of a pressurized water reactor at the 
licensee's site located in Westchester County, New York.

II

    By letter dated March 15, 1995, the licensee requested to modify an 
existing exemption from the requirements of 10 CFR Part 50, Appendix R, 
Section III.J, which had been issued by the NRC on January 17, 1987. 
Section III.J specifies emergency lighting requirements for operation 
of safe shutdown equipment and in access and egress routes thereto. The 
January 17, 1987, exemption allowed use of permanently installed 
security lighting, in place of emergency lighting as specified in 
Section III.J, for access and egress to the Appendix R diesel generator 
which is located in the outside yard area.
    During a programmatic review of the Appendix R, compliance strategy 
at IP3, the licensee identified that certain operator actions, which 
had not be included in the previous Appendix R compliance strategy, 
were needed. These additional operator actions were in the outside yard 
area at the condensate storage tank (CST), refueling water storage tank 
(RWST), and backup service water pump platform. Thus, in accordance 
with Appendix R, Section III.J, emergency lighting would be required 
for these additional areas. As such, the licensee's March 15, 1995, 
letter requested modification of the January 7, 1987, exemption to 
extend the use of security lighting in the outside yard area to include 
the CST, RWST, and backup service water platform.

III

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health and 
safety, and are consistent with the common defense and security and (2) 
when special circumstances are present as set forth in 10 CFR 
50.12(a)(2).
    Section III.J of 10 CFR Part 50, Appendix R, requires that 
emergency lighting units with at least an 8-hour battery power supply 
shall be provided in all areas needed for operation of safe shutdown 
equipment and in access and egress routes thereto. By letter dated June 
14, 1985, the licensee applied for an exemption to the requirements of 
Section III.J, to allow use of permanently installed security lighting 
for providing an illuminated access and egress route to the Appendix R 
diesel generator which is located in the outside yard.
    As justification, the licensee indicated that the yard area 
lighting for access and egress to the Appendix R diesel generator was 
already part of the security lighting system. As such, illumination is 
provided in accordance with 10 CFR 73.55(c)(5). The security lighting 
system is powered by a dedicated propane powered generator which 
operates in the event of a loss of power to the security system and 
this generator is physically separated from the plant; therefore, an 
Appendix R fire scenario will not affect operation of the security 
backup generator supply. In addition, the security backup generator has 
a sufficient capacity and fuel supply to power the outside yard 
lighting for the requisite 8-hour time period. The licensee concluded 
that the security lighting system was highly reliable and, as such, 
installation of the battery-powered lights, as required by Section 
III.J, would not enhance the safe shutdown capability at IP3.
    The NRC staff agreed with the technical justification presented in 
the licensee's June 14, 1985, letter, and issued an Exemption from the 
requirement of Section III.J. for access and egress to the Appendix R 
diesel generator. In the licensee's March 15, 1995, letter, the same 
technical justification is presented for use of permanently installed 
security lighting, in lieu of battery-powered lights, as required by 
Section III.J, for three additional areas in the outside yard. These 
additional areas were a result of a reassessment of the IP3 Appendix R 
compliance strategy. The areas and the operator actions needed in each 
area are as follows:
    (1) Condensate Storage Tank: The operators would verify tank level 
at the local indicator and during sub-freezing weather might need to 
place portable heaters in the area to maintain level indicator 
operable.
    (2) Refueling Water Storage Tank: The operators would verify tank 
level at the local indicator and during sub-freezing weather might need 
to place portable heaters in the area to maintain level indicator 
operable.
    (3) Backup Service Water Pumps: The operators would manually 
backlfush the strainers.
    The licensee has confirmed that the technical justification, which 
was also the basis for the January 17, 1987, exemption is still valid. 
The licensee has also confirmed that the security lighting system still 
achieves the underlying purpose of the rule in that it provides 
adequate illumination to perform all Appendix R required activities in 
the outside yard for a period of at least 8 hours and is not impacted 
by fires in other areas of the plant for which Appendix R fires need to 
be considered.

IV

    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12, that (1) the Modified Exemption as described in Section III is 
authorized by law, will not endanger life or property, and is otherwise 
in the public interest and (2) special circumstances exist pursuant to 
10 CFR 50.12(a)(2)(ii), in that application of the regulation in these 
particular circumstances is not necessary to achieve the underlying 
purpose of the rule.
    Therefore, the Commission hereby grants the following Modification 
to our Exemption of January 17, 1987:
    (1) The Exemption from the requirement of 10 CFR Part 50, Appendix 
J, Section III.J, issued to the Power Authority of the State of New 
York on January 17, 1987, remains in effect. The Power Authority of the 
State of New York is also exempt from the requirement of 10 CFR Part 
50, Appendix J, Section III.J, to the extent that security lighting in 
the outside yard area can be used in lieu of the emergency lighting as 
specified in Section III.J, at the following additional locations in 
the outside yard area:

--The Condensate Storage Tank Area
--The Refueling Water Storage Tank Area
--The Backup Service Water Pump Strainer Area

    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this Modified Exemption will have no significant impact on 
the quality of the human environment (60 FR 15944).
    This Exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 29th day of March 1995.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-8453 Filed 4-5-95; 8:45 am]
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