[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42608-42609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20878]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370]


In the Matter of Duke Power Company; (McGuire Nuclear Station, 
Units 1 and 2); Exemption

I

    The Duke Power Company (the licensee) is the holder of Facility 
Operating License Nos. NPF-9 and NPF-17, for the McGuire Nuclear 
Station, 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 Mecklenburg County, North 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.'' Subsection (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 McGuire) 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, 
Duke Power Company requested an exemption for all its 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 design 
features make an inadvertent criticality in special nuclear materials 
handling or storage at McGuire 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, 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

[[Page 42609]]

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 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 are otherwise in the public interest. Therefore, the 
Commission hereby grants Duke Power Company an exemption from the 
requirement of 10 CFR 70.24(a)(1), (2), and (3) for McGuire, Units 1 
and 2, 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 41101).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 31st day of July 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-20878 Filed 8-6-97; 8:45 am]
BILLING CODE 7590-01-P