[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Notices]
[Pages 52711-52712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25009]



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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 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. 

[[Page 52712]]


II

    By letter dated June 20, 1995, the licensee requested a one time 
schedular exemption from the Final Safety Analysis Report (FSAR) update 
submittal requirements of 10 CFR 50.71(e)(4) which requires that FSAR 
revisions must be submitted annually or 6 months after a refueling 
outage provided the interval between updates does not exceed 2 years. 
The licensee also requested a one time schedular exemption from 10 CFR 
50.54(a)(3) which requires that changes to the quality assurance 
program description that do not reduce commitments must be submitted to 
the NRC in accordance with the FSAR update requirements of 10 CFR 
50.71(e).
    In February 1993, the licensee shut down IP3 for an extended 
performance improvement outage. The plant was recently restarted on 
June 27, 1995. Although this extended shutdown was not a refueling 
outage, the number of facility changes made by the licensee during the 
shutdown equates it to one. As such, a one time FSAR update schedular 
exemption was requested to enable the licensee to include most of the 
modifications, technical specifications amendments, and other changes 
completed during the extended shutdown in the next FSAR update. This 
would result in a more complete and accurate update. The requested 
schedular exemption would reschedule the required FSAR update from July 
22, 1995, to 6 months after restart from the extended shutdown.

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).
    The licensee has indicated that the requested exemption does not 
produce undue risk to the public health and safety since the exemption 
is an extension of reporting requirements. Other reporting requirements 
such as 10 CFR 50.59(b)(2), 50.72, 50.73, and the license amendment 
process ensure that the NRC will receive timely notifications 
concerning changes to the plant and its licensing basis. The common 
defense and security are not impacted by this exemption.
    The licensee has also indicated that the 6-month schedular 
extension would provide only temporary relief from the applicable 
regulation and a good faith effort has been made to comply with the 
regulation.

IV

    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12, that (1) the exemption as described in Section II 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)(v), in that the exemption would provide only temporary 
relief from the applicable regulation and the licensee has made good 
faith efforts to comply with the regulation. Therefore, the Commission 
hereby grants the following one time schedular exemption:
    (1) The Power Authority of the State of New York is exempt from the 
requirement of 10 CFR 50.71(e)(4), to the extent that the current FSAR 
update submittal due date has been extended from July 22, 1995, to 
December 27, 1995.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (60 FR 48528). A specific one time 
schedular exemption from the reporting requirements of 10 CFR 
50.54(a)(3) is not required since the 10 CFR 50.54(a)(3) reports are 
submitted in accordance with the requirements 50.71(e)(4), which has 
been authorized above for a one time schedular exemption.
    This exemption is effective upon issuance.

    Dated at Rockville, MD, this 28th day of September 1995.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-25009 Filed 10-6-95; 8:45 am]
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