[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Notices]
[Pages 26825-26826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12740]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-387 and 50-388]


Pennsylvania Power & Light Company, Susquehanna Steam Electric 
Station, Units 1 and 2; Exemption

I

    The Pennsylvania Power & Light Company (PP&L, the licensee) is the 
holder of Facility Operating License Nos. NPF-14 and NPF-22, which 
authorize operation of the Susquehanna Steam Electric Station (SSES), 
Units 1 and 2. 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.
    These facilities consist of two boiling water reactors located at 
the licensee's site in Luzerne County, Pennsylvania.

II

    Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) 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 SSES 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

    It is stated in 10 CFR 50.12(a), ``Specific exemptions,'' that, 
``The Commission may, upon application by any interested person or upon 
its own initiative, grant exemptions 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.'' In 10 CFR 50.12(a)(2)(ii), it is further stated 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

    It is required in 10 CFR 50.71(e)(4) that all licensees update 
their FSARs at least every refueling outage and no less frequently than 
every 2 years. When two units share a common FSAR, the rule has the 
effect of making the licensee update the FSAR roughly every 12 to 18 
months; this is contrary to the intent of the rule. The authors of the 
rule recognized the effect of the rule's language on multiple 
facilities sharing a common FSAR in responding to comments on the 
rulemaking by stating that licensees will have maximum flexibility for 
scheduling updates to their FSARs on a case-by-case basis; however, the 
final rule does not address multiple facilities (57 FR 39353, August 
31, 1992).
    The requested exemption would require periodic updates once per 
refueling cycle, based on SSES Unit 2 refueling outage schedule, but 
not to exceed 24 months from the last submittal. The requirement that 
an update be submitted within 6 months of an outage of each unit is not 
retained. Allowing the exemption would maintain the SSES FSAR current 
within 24 months of the last revision and would not exceed a 24-month 
interval for submission of the 10 CFR 50.59 design change report for 
either unit.

V

    The licensee's special circumstance is that, as stated in 10 CFR 
50.12(a)(2)(ii), ``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,'' when it 
applies to the frequency of updating the FSAR for dual units. When two 
units share a common FSAR, the rule stated in 10 CFR 50.71(e)(4), which 
requires that all licensees update their FSAR at least every refueling 
outage and no less frequently than every 2 years, has the effect of 
making the licensee update the FSAR approximately every 12 to 18 
months. This is contrary to the intent of the rule.
    The licensee's proposed schedule for FSAR updates will ensure that 
the SSES FSAR will be maintained current within 24 months of the last 
revision and, the interval for submission of the 10 CFR 50.59 design 
change report will not exceed 24 months. The Commission has

[[Page 26826]]

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 are present as defined in 10 CFR 50.12(a)(2)(ii), which 
is, ``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.'' The Commission hereby 
grants the licensee an exemption from the requirement of 10 CFR 
50.71(e)(4) to submit updates to the SSES FSAR within 6 months of each 
outage. The licensee will be required to submit updates to the FSAR 
based upon the Unit 2 refueling cycle frequency. The exemption will 
allow the licensee to maintain the SSES FSAR within 24 months of the 
last revision and not to exceed a 24-month interval for the submission 
of the 10 CFR 50.59 summary report for either unit.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant effect on the 
quality of the human environment (62 FR 24980). This exemption is 
effective upon issuance.

    Dated at Rockville, Maryland, this 9th day of May 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-12740 Filed 5-14-97; 8:45 am]
BILLING CODE 7590-01-P