[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39912-39913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19802]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250 and 50-251]


Florida Power and Light Company (Turkey Point Plant, Units 3 and 
4); Exemption

I.

    Florida Power and Light (the licensee) is the holder of Facility 
Operating License Nos. DPR-31 and DPR-41, for the Turkey Point Plant 
(TPP), Units 3 and 4. The licenses provide, among other things, that 
the licensee is subject to all rules, and orders of the Commission now 
or hereafter in effect.
    This facility consists of two pressurized water reactors located in 
Dade County, Florida.

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 updated Final Safety 
Analysis Report (FSAR)] 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 units at the TPP site 
share a common FSAR; therefore, this rule requires the licensee to 
update the same document annually or within 6 months after each unit's 
refueling outage (approximately every 9 months).

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 * * *.'' 
The licensee has proposed updating the unified TPP FSAR 6 months after 
each Unit 4 refueling outage. With the current length of fuel cycles, 
FSAR updates would be submitted approximately every 24 months. The 
underlying purpose of the rule was to relieve licensees of the burden 
of filing annual FSAR revisions while assuring that such revisions are 
made at least every 24 months. The Commission reduced the burden, in 
part, by permitting a licensee to submit its FSAR revisions 6 months 
after refueling outages for its facility, but did not provide in the 
rule for multiple unit facilities sharing a common FSAR. Rather, the 
Commission stated that ``With respect to * * * multiple facilities 
sharing a common FSAR, licensees will have maximum flexibility for 
scheduling updates on a case-by-case basis'' 57 FR 39355 (1992).
    The TPP units are on an 18-month fuel cycle. As noted in the 
staff's Safety Evaluation, the licensee's proposed schedule for TPP 
FSAR updates will ensure that the FSAR will be maintained current for 
both units within 24 months of the last revision. The proposed schedule 
satisfies the maximum 24-months interval between FSAR revisions 
specified by 10 CFR 50.71(e)(4). Revising the FSAR 6 months after 
refueling outages for each unit, therefore, is not necessary to achieve 
the underlying purpose of the rule. 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 the public health and safety and is consistent with 
the common defense and security, and is otherwise in the public 
interest. The Commission hereby grants the licensee an exemption from 
the requirement of 10 CFR 50.71(e)(4) to submit updates to the TPP FSAR 
within 6 months of each unit's refueling outage. The licensee will be 
required to submit updates to the TPP FSAR within 6 months after each 
Unit 4 refueling outage, not to exceed 24 months between subsequent 
revisions.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant effect on the 
quality of the human environment (63 FR 36276).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 16th day of July 1998.


[[Page 39913]]


    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-19802 Filed 7-23-98; 8:45 am]
BILLING CODE 7590-01-M