[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41980-41981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20451]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 5-269, 50-270, and 50-287]


In the Matter of Duke Power Company (Oconee Nuclear Station Units 
1, 2, and 3)

Exemption

I

    Duke Power Company (the licensee) is the holder of Facility 
Operating License Nos. DPR-38, DPR-47, and DPR-55, for the Oconee 
Nuclear Station, Units 1, 2, and 3, respectively. 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 three pressurized water reactors 
located at the licensee's site in Oconee County, South Carolina.

II

    Title 10 of the Code of Federal Regulations (10 CFR) at subsection 
(a) of 10 CFR 70.24, ``Criticality Accident Requirements,'' requires 
that each licensee authorized to possess special nuclear material shall 
maintain in each area where such material is handled, used, or stored, 
a criticality accident monitoring system ``using gamma-or neutron-
sensitive radiation detectors which will energize clearly audible alarm 
signals if accidental criticality occurs.'' Subsections (a)(1) and 
(a)(2) of 10 CFR 70.24 specify the detection, sensitivity, and coverage 
capabilities of the monitors required by 10 CFR 70.24(a). Subsection 
(a)(3) of 10 CFR 70.24 requires that the licensee shall maintain 
emergency procedures for each area in which this licensed special 
nuclear material is handled, used, or stored and provides (1) that the 
procedures ensure that all personnel withdraw to an area of safety upon 
the sounding of a criticality monitor alarm, (2) that the procedures 
must include drills to familiarize personnel with the evacuation plan, 
and (3) that the procedures designate responsible individuals for 
determining the cause of the alarm and placement of radiation survey 
instruments in accessible locations for use in such an emergency. 
Subsection (b)(1) requires licensees to have a means to quickly 
identify personnel who have received a dose of 10 rads or more. 
Subsection (b)(2) requires licensees to maintain personnel 
decontamination facilities, to maintain arrangements for a physician 
and other medical personnel qualified to handle radiation emergencies, 
and to maintain arrangements for the transportation of contaminated 
individuals to treatment facilities outside the site boundary. 
Subsection (c) exempts Part 50 licensees (such as Oconee) from the 
requirements of paragraph (b). Subsection (d) states that any licensee 
who believes that there is good cause why he should be granted an 
exemption from all or part of 10 CFR 70.24 may apply to the Commission 
for such an exemption and shall specify the reasons for the relief 
requested.
    By letter dated February 4, 1997, as supplemented March 19, 1997, 
the licensee requested an exemption for all the Duke Power Company 
nuclear plants from the requirements of 10 CFR 70.24. The staff has 
reviewed the licensee's submittal, and documented its detailed review 
in a Safety Evaluation. The staff found that existing procedures and 
training, as well as design features and radiation monitoring 
instrumentation required by the Technical Specifications make an 
inadvertent criticality in special nuclear materials handling or 
storage at Oconee unlikely. The licensee has thus met the intent of 10 
CFR 70.24(d) by the low probability of an inadvertent criticality in 
areas where fresh fuel could be present, by the licensee's adherence to 
General Design Criterion 63 regarding radiation monitoring, by 
maintenance of appropriate procedures, and by provisions for personnel 
training and evacuation.

III

    Section 70.14 of 10 CFR, ``Specific exemptions,'' states that

    The Commission may, upon application by any interested person or 
upon its own initiative, grant such exemptions from the requirements 
of the regulations in this part as it determines are authorized by 
law and will not endanger life or property or the common defense and 
security and are otherwise in the public interest.

    Section 70.24(d) of 10 CFR states that

    Any licensee who believes that good cause exists why he should 
be granted an exemption in whole or in part from the requirements of 
this section may apply to the Commission for such exemption.

    Accordingly, the Commission has determined that good cause is 
present as defined in 10 CFR 70.24(d). The

[[Page 41981]]

Commission has further determined that, pursuant to 10 CFR 70.14, the 
exemption is authorized by law and will not endanger life or property 
or the common defense and security and is otherwise in the public 
interest. The Commission hereby grants the licensee an exemption from 
the requirements of 10 CFR 70.24(a)(1), (2), and (3), on the bases as 
stated in Section II above.
    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 (62 FR 40122).
     This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 29th day of July 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-20451 Filed 8-1-97; 8:45 am]
BILLING CODE 7590-01-P