[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Notices]
[Page 15545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8205]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]


Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear 
Power Station); Exemption

I

    The Vermont Yankee Nuclear Power Corporation (VYNPC, the licensee) 
is the holder of Facility Operating License No. DPR-28 which authorizes 
operation of the Vermont Yankee Nuclear Power Station (the facility) at 
power levels no greater than 1593 megawatts thermal. The facility is a 
single-unit boiling water reactor (BWR) located at the licensee's site 
in Windham County, Vermont.
    The License provides, among other things, that the Vermont Yankee 
Nuclear Power Station is subject to all rules, regulations, and orders 
of the Nuclear Regulatory Commission (the Commission) now or hereafter 
in effect.

II

    On November 19, 1980, the Commission published a revised Section 10 
CFR 50.48 and a new Appendix R to 10 CFR Part 50 regarding fire 
protection features of nuclear power plants. The revised Section 50.48 
and Appendix R became effective on February 17, 1981. Section III of 
Appendix R contains 15 subsections, lettered A through O, each of which 
specifies requirements for a particular aspect of the fire protection 
features at a nuclear power plant. Subsection III.J is the subject of 
the licensee's exemption request.
    Section III.J of 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.

III

    By letter dated June 17, 1996, the licensee requested an exemption 
from Section III.J of Appendix R. In particular, the licensee stated 
that it cannot meet the requirements for emergency lighting units with 
at least an 8-hour battery power supply in the following areas:
    (1) A portion of general yard areas for access and egress to the 
nitrogen containment inerting tank area and the nitrogen storage bottle 
area, and
    (2) the nitrogen containment inerting tank area and the nitrogen 
storage tank area.
    The licensee proposes to utilize the security perimeter lighting 
for outdoor egress routes and for tasks performed in either of two 
locations. Based on the staff's review of the information provided by 
the licensee, the staff has concluded, given that the security lighting 
is powered from a separate power source, the security lighting is not 
vulnerable to fire loss. The security lighting is inspected and 
maintained as part of the plant security requirements. The licensee has 
confirmed that the illumination levels in the affected areas of the 
plant are adequate to enable operators to implement the actions 
required for safe shutdown.
    Therefore, the staff considers the licensee's alternative lighting 
configuration to be equivalent to that achieved by literal conformance 
with Appendix R to 10 CFR Part 50 and, therefore, meets the underlying 
purpose of Section III.J of Appendix R. Therefore, the licensee's 
request for exemption from the requirements of Section III.J in the 
subject locations should be granted.

IV

    Pursuant to 10 CFR 50.12(a)(2), the Commission will not consider 
granting an exemption unless special circumstances are present. Item 
(ii) of the subject regulation includes special circumstances where 
application of the subject regulation would not serve the underlying 
purpose of the rule or is not necessary to achieve the underlying 
purpose of the rule.
    The underlying purpose of Section III.J of Appendix R is to provide 
adequate illumination to assure the capability of performing all 
necessary safe shutdown functions as well as provide illumination for 
required movements into and out of the plant. In lieu of the 8-hour 
battery powered units specified by Appendix R, the licensee has 
proposed using existing security lighting. The staff has reviewed the 
proposed alternative and has concluded, as described above, that the 
security lighting system would be a reliable alternative and would 
provide an adequate level of illumination to assure that all required 
safe shutdown functions and required personnel movements can be 
performed. Therefore, the staff concludes that special circumstances 
exist for the licensee's requested exemption in that imposition of the 
literal requirements of the regulation in these particular 
circumstances is not necessary to achieve the underlying purpose of 
Appendix R to 10 CFR Part 50.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a)(2)(ii), special circumstances exist in that existing levels of 
emergency lighting satisfy the underlying purpose of Appendix R to 10 
CFR Part 50. Further, the staff has concluded that the requested 
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. Therefore, the Commission hereby grants the exemption request 
from the requirements of Section III.J of Appendix R to 10 CFR Part 50 
described in Section III above.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
issuance of this exemption will have no significant impact on the 
quality of the human environment (62 FR 12255).

    This Exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 23rd day of March 1997.
Samuel J. Collins,
Director Office of Nuclear Reactor Regulation.
[FR Doc. 97-8205 Filed 3-31-97; 8:45 am]
BILLING CODE 7590-01-P