[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Notices]
[Page 6234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2995]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


In the Matter of Toledo Edison Company; Centerior Service 
Company; the Cleveland Electric Illuminating Company; (Davis-Besse 
Nuclear Power Station, Unit 1), Exemption

I

    Toledo Edison Company, Centerior Service Company, and The Cleveland 
Electric Illuminating Company (the licensees) are the holders of 
Facility Operating License No. NPF-3, which authorizes operation of the 
Davis-Besse Nuclear Power Station, Unit 1 (the facility). The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (the Commission) now or hereafter in effect.
    The facility is a pressurized-water reactor located at the 
licensees' site in Ottawa County, Ohio.

II

    By letter dated November 18, 1997, as supplemented by facsimile 
dated December 9, 1997, the licensees requested an exemption from 
certain requirements in Title 10 of the Code of Federal Regulations, 
part 50, Appendix R, Section III.O, for Davis-Besse.

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 or 
safety, and are consistent with the common defense and security, and 
(2) when special circumstances are present. Special circumstances are 
present whenever, according to 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....''
    10 CFR part 50, Appendix R, Section III.O, requires that the 
reactor coolant pump (RCP) shall be equipped with an oil collection 
system if the containment is not inerted during normal operation. The 
oil collection system shall be so designed, engineered and installed 
that failure will not lead to fire during normal or design basis 
accident conditions and that there is reasonable assurance that the 
system will withstand the Safe Shutdown Earthquake. The underlying 
purpose of 10 CFR part 50, Appendix R, Section III.O, is to ensure that 
leaking oil will not lead to a fire that could damage safe shutdown 
systems during normal or design basis accident conditions.
    On the basis of the enclosed Safety Evaluation, the NRC staff 
concluded that the design of the oil filling system and the level of 
protection provided by the licensees through the use of certain 
compensatory measures during oil fill operations provides reasonable 
assurance that a lube oil fire will not occur. The compensatory 
measures, as itemized in the licensees' November 18, 1997, exemption 
request, are:
    (1) The licensees will take the following compensatory actions each 
time oil is added:
    (a) Oil will be added only when a low oil level computer alarm is 
received on an RCP motor.
    (b) Only a predetermined amount of oil necessary to clear the alarm 
(approximately three pints based on experience) will be initially added 
to the reservoir through the remote fill line. A maximum total volume 
of four pints may be added in an attempt to clear the alarm.
    (c) The oil fill pot will be verified empty before the technician 
leaves the immediate area. Any spillage resulting from adding oil to 
the remote oil fill pot will be cleaned up.
    (d) Personnel responsible for adding the oil will be instructed to 
report (to the control room) any evidence of smoke during the oil 
addition process. If smoke is seen, the fire brigade will be 
immediately dispatched to the area.
    (2) In addition, a visual inspection will be conducted following 
refueling outages to confirm the integrity of the remote fill line 
system.
    The staff also concluded that a worst-case postulated fire, from 
not having a lube oil collection system for the RCP lube oil fill 
lines, would be of limited magnitude and extent. In addition, the staff 
concluded that such a fire would not cause significant damage in the 
containment building and would not prevent operators from achieving and 
maintaining safe shutdown conditions. Accordingly, in light of the 
foregoing, the staff concluded that application of this collection 
system requirement is not necessary to achieve the underlying purpose 
of the rule.

IV

    Contingent upon the use of the compensatory measures that are 
itemized in the licensees' November 18, 1997, exemption request, the 
NRC staff has concluded that the licensees' proposed use of the remote 
oil addition system without a collection system is authorized by law, 
will not present an undue risk to public health and safety and is 
consistent with the common defense and security. The NRC staff has also 
determined that there are special circumstances present, as specified 
in 10 CFR 50.12(a)(2)(ii), in that application of 10 CFR part 50, 
Appendix R, Section III.O, is not necessary in order to achieve the 
underlying purpose of this regulation.
    Accordingly, the Commission hereby grants an exemption from the 
requirements of 10 CFR part 50, Appendix R, Section III.O, to the 
extent that the RCP lube oil fill lines are required to be protected 
with a collection system. The granting of this exemption is conditioned 
upon the licensees' use of the compensatory measures set forth in the 
licensees' November 18, 1997 exemption request.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not result in any significant adverse 
environmental impact (63 FR 4678).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 30th day of January 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-2995 Filed 2-5-98; 8:45 am]
BILLING CODE 7590-01-P