[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Pages 27605-27606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13189]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


In the Matter of Wisconsin Electric Power Company (Point Beach 
Nuclear Plant, Unit Nos. 1 and 2); Exemption

I

    Wisconsin Electric Power Company (the licensee) is the holder of 
Facility Operating License Nos. DPR-24 and DPR-27, which authorize 
operation of the Point Beach Nuclear Plant, 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 facility consists of two pressurized-water reactors located at 
the licensee's site in Manitowoc County, Wisconsin.

II

    The Code of Federal Regulations at 10 CFR 50.48, ``Fire 
Protection,'' requires that nuclear power plants licensed to operate 
prior to January 1, 1979, meet Appendix R, ``Fire Protection Program 
for Nuclear Power Facilities Operating Prior to January 1, 1979,'' 
Sections III.G, III.J, and III.O. Appendix R, Section III.J, 
``Emergency Lighting,'' requires that ``Emergency lighting units with 
at least an 8-hour battery power supply shall be provided in all areas 
needed for operation of safe shutdown equipment and in access and 
egress routes thereto.'' Equipment needed for safe shutdown after a 
fire at Point Beach Nuclear Plant is maintained inside the main power 
block and several buildings onsite. Emergency lighting is provided 
inside these buildings for areas needed for operation of safe shutdown 
equipment and for access and egress routes in accordance with 10 CFR 
part 50, Appendix R, Section III.J. However, no emergency lighting 
meeting Section III.J requirements has been installed for outdoor 
routes between these buildings. Because of cost and maintenance 
considerations, and after determining that application of Section III.J 
was not necessary to achieve the underlying purpose of the rule, the 
licensee submitted an exemption request with respect to these outdoor 
routes.
    The requested exemption from the requirements of Appendix R, 
Section III.J, would allow the use of hand-held portable lights, in the 
event that sufficient daylight, normal lighting, or security lighting 
is not available, when transiting (access and egress routes) between 
the main power block and buildings separated from the main power block, 
namely, the diesel generator building (G-03 and G-04), 13.8 kV 
switchgear building, service water and fire pump house, fuel oil pump 
house, gas turbine building, and warehouse 3. These buildings contain 
equipment relied upon in the detailed fire plans to mitigate the 
consequences of a fire that could affect the capability to place the 
reactor in cold shutdown. As stated above, emergency lighting is 
maintained within these structures as required by Appendix R, Section 
III.J. However, access and egress between these buildings and the main 
power block require walking outdoors. The areas outside of and between 
these buildings are paved, commonly used for vehicular traffic, and are 
maintained clear of snow and other obstructions.
    In the worst-case scenarios that postulate a fire concurrent with a 
loss of offsite power, the hand-held, battery-powered, portable 
lighting units currently maintained on site in four ``abnormal 
operating procedure'' (AOP) packs located in the control room and 
additional hand-held, battery-powered, portable lighting units 
maintained by operations personnel would be used, under the proposed 
exemption, by the operations staff to allow transit between buildings 
to safely perform the functions required by the fire plans and 
operations procedures. Each of the four AOP packs contain a hand-held, 
battery-powered, portable lighting unit in addition to tools. Each 
hand-held, battery-powered, portable lighting unit is verified to be 
operable in a monthly surveillance and the batteries are replaced every 
6 months.

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 the 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.''
    The underlying purpose of 10 CFR part 50, Appendix R, Section 
III.J, is to provide adequate illumination to assure the capability of 
performing all necessary safe shutdown functions, as well as to assure 
personnel movement to and from the equipment and components that must 
be manually operated by plant personnel to effect safe shutdown during 
emergencies. In addition, the illumination must have a capability to 
allow sufficient time for normal lighting to be restored.
    To achieve safe shutdown during a plant emergency, personnel may be 
required to go to and from buildings outside the main power block to 
control equipment locally, monitor equipment status, or obtain 
equipment, such as fans or repair materials. Any equipment that would 
need to be obtained could be carried with one hand or, if necessary, 
transported on wheeled carts. In the latter case, a minimum of two 
individuals would be available, one of whom could provide the necessary 
lighting if needed.
    The availability of hand-held, battery-powered portable lights 
would serve the underlying purpose of the rule with respect to transit 
between the main power block and the separate buildings identified 
above, in that the use of such hand-held lights would provide adequate 
illumination to permit access to and egress from buildings containing 
safe shutdown equipment and components, yet would not significantly 
hinder the transportation of equipment if such is necessary during a 
plant emergency. In addition, such hand-held lights would be available 
for use during an 8-hour period contemplated by the regulation.
    On the basis of its evaluation, the staff concludes that with the 
availability of hand-held battery-powered portable lights for use 
during transit between site structures described above, the 
installation of emergency lighting units with at least an 8-hour 
battery power supply for these transit routes is not necessary to 
achieve the underlying purpose of Section III.J of Appendix R to 10 CFR 
part 50. The licensee's request for an exemption from the requirements 
of Section III.J to 10 CFR part 50 to allow the use of alternative 
means of lighting for access and egress routes between the main power 
block and the diesel generator building, 13.8 kV switchgear building, 
service water and fire pump house, fuel oil pump house, gas turbine 
building, and warehouse 3 is acceptable to the staff.

IV

    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12, that this 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. The Commission further determines that 
special circumstances as provided in 10 CFR 50.12(a)(2)(ii) are

[[Page 27606]]

present in that application of the regulation in these particular 
circumstances is not necessary to achieve the underlying purpose of the 
rule.
    Therefore, the Commission hereby grants the Wisconsin Electric 
Power Company an exemption from the requirements of 10 CFR part 50, 
Appendix R, Section III.J, with respect to access and egress routes 
between the main power block and the diesel generator building, 13.8 kV 
switchgear building, service water and fire pump house, fuel oil pump 
house, gas turbine building, and warehouse 3 at Point Beach Nuclear 
Plant, Units 1 and 2, to the extent alternative means of lighting as 
described herein are available.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (62 FR 46381).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 7th day of April 1998.

    For The Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-13189 Filed 5-18-98; 8:45 am]
BILLING CODE 7590-01-P