[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6214]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425]


Southern Nuclear Operating Company, Inc., et al. (Vogtle Electric 
Generating Plant, Units 1 and 2); Exemption

I

    Southern Nuclear Operating Company, Inc., et al. (the licensee) is 
the holder of Facility Operating License Nos. NPF-68 and NPF-81, for 
the Vogtle Electric Generating Plant (VEGP), Units 1 and 2, 
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.
    The VEGP facility consists of two pressurized-water reactors 
located at the licensee's site in Burke County, Georgia.

II

    Title 10 of the Code of Federal Regulations (10 CFR), Section 
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 that the interval between successive updates 
[to the FSAR] does not exceed 24 months.'' The VEGP, Units 1 and 2, 
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. By letter dated January 23, 1998, the licensee requested 
an exemption from the requirements of 10 CFR 50.71(e)(4).

III

    Section 50.12(a) of 10 CFR, ``Specific exemptions,'' states 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.

    Section 50.12(a)(2)(ii) of 10 CFR states 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. . . .'' As 
noted in the staff's supporting Safety Evaluation, the licensee's 
proposed schedule for FSAR updates will ensure that the VEGP 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 proposed schedule fits within the 24-month 
duration specified by 10 CFR 50.71(e)(4). Literal application of 10 CFR 
50.71(e)(4) would require the licensee to update the same document 
within 6 months after a refueling outage for either unit; a more 
burdensome requirement than intended. Accordingly, the Commission has 
determined that special circumstances are present as defined in 10 CFR 
50.12(a)(2)(ii). The Commission has further determined that, pursuant 
to 10 CFR 50.12, the exemption 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 Commission hereby grants the licensee 
an exemption from the requirements of 10 CFR 50.71(e)(4) to submit 
updates to the VEGP FSAR within 6 months of the VEGP Unit 2 refueling 
outage. The licensee will be required to submit updates to the VEGP 
FSAR within 6 months after the Unit 2 refueling outage. With the 
current length of fuel cycles, FSAR updates would be submitted every 18 
months, but not to exceed 24 months from the last submittal.
    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 (63 FR 10248).
    This exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 5th day of March 1998.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-6214 Filed 3-10-98; 8:45 am]
BILLING CODE 7590-01-P