[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Notices]
[Pages 51506-51507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24403]



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


Texas Utilities Electric Company, Comanche Peak Steam Electric 
Station, Units 1 and 2; Exemption

I
    The Texas Utilities Electric Company (the licensee) is the holder 
of Facility Operating License Nos. NPF-87 and NPF-89, which authorize 
operation of the Comanche Peak Steam Electric Station (CPSES), 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 Somervell County, Texas.
II
    Title 10 CFR 50.71 ``Maintenance of records, making of reports,'' 
paragraph (e)(4) states, in part, that ``Subsequent revisions [to the 
Final Safety Analysis Report (FSAR)] must be filed annually or 6 months 
after each refueling outage provided the interval between successive 
updates to the FSAR does not exceed 24 months.'' The two CPSES units 
share a common FSAR; therefore, this rule requires the licensee to 
update the same document within 6 months after a refueling outage for 
either unit.
III
    10 CFR 50.12(a), ``Specific exemptions,'' states that * * * 

    The Commission may, upon application by any interested person, 
or upon its own 

[[Page 51507]]
initiative, grant exemption from the requirements of the regulations of 
this part, which are--(1) Authorized by law, will not present an 
undue risk to the public health and safety, and are consistent with 
the common defense and security. (2) The Commission will not 
consider granting an exemption unless special circumstances are 
present.

    10 CFR 50.12(a)(2)(ii) states that special circumstances are 
present when * * * 

    Application of the regulation in the particular circumstances 
would not serve the underlying purpose of the rule or is not 
necessary to achieve the underlying purpose of the rule * * *

IV
    As noted in the staff's safety evaluation the licensee's proposed 
schedule for FSAR updates will ensure that the CPSES FSAR will be 
maintained current within 24 months of the last revision and will not 
exceed a 24 month interval for submission of the 10 CFR 50.59 design 
change report. The Commission has determined that, pursuant to 10 CFR 
50.12, an exemption is authorized by law, will not present an undue 
risk to the public health and safety and is consistent with common 
defense or security, and is otherwise in the public interest. The 
Commission has also determined that special circumstances as defined in 
10 CFR 50.12(a)(2)(ii). The Commission hereby grants the licensee an 
exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates 
to the CPSES FSAR within six months of each outage. The licensee will 
be required to submit updates to the CPSES FSAR once per fuel cycle 
(based on the unit with the shortest interval between scheduled 
refueling outages), but not to exceed 24 months from the last 
submittal.
    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 (60 FR 49293). This exemption is 
effective upon issuance.

    Dated at Rockville, Maryland this 25th day of September 1995.

    For The Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-24403 Filed 9-29-95; 8:45 am]
BILLING CODE 7590-01-P