[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Notices]
[Pages 36719-36720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17921]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304]
Commonwealth Edison Company; (Zion Nuclear Power Station, Units 1
and 2); Exemption
I
Commonwealth Edison Company (ComEd, the licensee) is the holder of
Facility Operating License Nos. DPR-39 and DPR-48, which authorize
operation of the Zion Nuclear Power 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.
II
In its letter dated March 12, 1998, ComEd requested an exemption
from the Commission's regulations. Pursuant to 10 CFR 50.34(b), each
application for a license to operate a facility shall include a Final
Safety Analysis Report (FSAR). This report shall include information
that describes the facility, presents the design bases and the limits
on its operation and presents a safety analysis of the structure,
systems and components of the facility.
Title 10 of the Code of Federal Regulations, Part 50, Section 71
(10 CFR 50.71), ``Maintenance of records, making of reports,'' states
that all light-water nuclear power reactors shall update their FSAR
periodically. Pursuant to 10 CFR 50.71(e)(4), the time interval for the
subsequent FSAR updates must not exceed 24 months. The last full update
of the Zion FSAR was submitted to the NRC on July 5, 1996.
Consequently, the next update would be required to be submitted no
later than July 1998. However, ComEd is requesting an exemption from
this requirement to allow them to update the FSAR to reflect the
present condition of the units.
By letters dated February 13, 1998, and March 9, 1998, ComEd
informed the NRC that Zion Nuclear Power Station, Units 1 and 2, have
permanently ceased operations and both units are completely defueled
and all fuel has been placed in the spent fuel pool for long-term
storage. By letter dated May 4, 1998, the NRC acknowledged Zion's
permanent cessation of power operation and permanent removal of fuel
from the reactor vessels.
Many of the systems and components previously required for safety
are no longer needed because the Zion units are permanently shut down.
Therefore, updating the current FSAR will provide
[[Page 36720]]
a description of components and systems that are no longer relevant to
safety. Instead ComEd has proposed and committed to prepare and submit
an update to the FSAR reflecting the permanently defueled condition of
Zion, Units 1 and 2, by December 31, 1998. This update will become
Zion's Defueled Safety Analysis Report (DSAR).
Because ComEd's board decision on January 14, 1998, to shut down
Zion was unexpected, ComEd staff did not have adequate time to develop
the DSAR. Therefore, ComEd is requesting an extension of the update
interval to allow sufficient time to develop and submit the DSAR. In
their letter dated March 12, 1998, ComEd stated that many of the
technical, administrative, and management resources needed to develop a
DSAR are the same as those that would be involved in updating the FSAR.
Consequently, updating the current FSAR by July 1998, would result
either in a delay in developing a DSAR or in the expenditure of
significant additional resources to develop a DSAR while preparing an
FSAR update submittal in parallel.
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 (1) when 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. * * *''
The underlying purpose of 10 CFR 50.71 is to provide updated
information and descriptions which are needed to permit understanding
of the system designs and their relationships to safety evaluations.
The last update to the Zion FSAR was submitted on July 5, 1996.
Therefore, the next update is due no later than July 1998. However,
because ComEd has permanently ceased operation of the Zion Nuclear
Power Station, Units 1 and 2, many of the systems and components that
were previously required for the safe operation of the plants are no
longer needed. Therefore, by updating the current FSAR, ComEd would be
providing information on equipment and systems that are no longer
relevant to the safety of the plant. ComEd has committed to providing
Zion's DSAR by December 1998. This DSAR update will meet the underlying
purpose of the rule in which the status of equipment and systems
relevant to a non-operating plant will be provided to NRC and docketed.
Furthermore, this exemption will have no impact on the ability of
structures, systems, and components to perform the safety functions
required with the plant permanently shut down and defueled.
IV
For the foregoing reasons, the NRC staff has concluded that the
licensee's proposed use of the alternate date for submittal of the DSAR
will not present an undue risk to public health and safety and is
consistent with the common defense and security. The NRC staff has
determined that there are special circumstances present, as specified
in 10 CFR 50.12(a)(2)(ii), in that the DSAR will provide the required
information relevant to the current status of the plant.
Accordingly, the Commission has determined that pursuant to 10 CFR
50.12(a), an exemption is authorized by law, will not endanger life or
property or the common defense and security and is, otherwise, in the
public interest. Therefore, the Commission hereby grants an exemption
from the requirements of 10 CFR 50.71(e)(4) in that ComEd may extend
its Updated Final Safety Analysis Report submittal date from July 1998
to December 31, 1998.
Pursuant to 10 CFR 51.32, the Commission has determined that
granting this exemption will not have a significant effect on the
quality of the human environment (63 FR 35294).
This exemption is effective upon issuance.
Dated at Rockville, MD, this 30th day of June 1998.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-17921 Filed 7-6-98; 8:45 am]
BILLING CODE 7590-01-P