[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Notices]
[Pages 13287-13288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6974]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323]


In the Matter of Pacific Gas and Electric Company (Diablo Canyon 
Nuclear Power Plant, Unit Nos. 1 and 2); Exemption

I

    Pacific Gas and Electric Company, et al. (the licensee) is the 
holder of Facility Operating License Nos. DPR-80 and DPR-82, which 
authorize operation of the Diablo Canyon Nuclear Power Plant (DCNPP), 
Unit Nos. 1 and 2. The licenses provide, among other things, that the 
licensee is subject to all rules,

[[Page 13288]]

regulations, and orders of the Commission now or hereafter in effect.
    The facility consists of two pressurized-water reactors at the 
licensee's site located in San Luis Obispo County, California.

II

    Section 50.71 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Maintenance of records, making of reports,'' paragraph (e)(4) 
states, in part, that ``Subsequent revisions 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 
DCNPP units share a common Final Safety Analysis Report (FSAR); 
therefore, this rule requires the licensee to update the same document 
within 6 months after a refueling outage for either unit.

III

    Section 50.12(a) of 10 CFR, ``Specific exemption,'' 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 the 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 
* * *.'' The licensee's proposed schedule for FSAR updates will ensure 
that the DCNPP FSARs 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).

IV

    The Commission has determined that, pursuant to 10 CFR 50.12, the 
exemption is authorized by law, will not present an undue risk to the 
public health and safety and is consistent with the common defense and 
security, and is otherwise in the public interest. Therefore, the 
Commission hereby grants Pacific Gas and Electric Company an exemption 
from the requirement of 10 CFR 50.71(e)(4) to submit updates to the 
DCNPP FSAR within 6 months of each outage. The licensee will be 
required to submit updates to the DCNPP FSAR within six months after 
each Unit 2 refueling outage. With the current length of fuel cycles, 
FSAR updates would be submitted every 24 months, but not to exceed 24 
months from the last submittal.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant effect on the 
environment (63 FR 10654).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 12th day of March 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-6974 Filed 3-17-98; 8:45 am]
BILLING CODE 7590-01-P