[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Notices]
[Page 60414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29920]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498 and 50-499]


STP Nuclear Operating Company (South Texas Project Electric 
Generating Stations Units 1 and 2); Exemption

I

    STP Nuclear Operating Company (the licensee) is the holder of 
Facility Operating License Nos. NPF-76 and NPF-80, for the South Texas 
Project, Units 1 and 2 (STP). 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 in 
Matagorda County, Texas.

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 (UFSAR)] 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 STP two-unit site shares a 
common UFSAR; therefore, this rule requires the licensee to update the 
same document annually or within 6 months after a refueling outage for 
either unit.

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 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 
for multiple unit facilities sharing a common FSAR in the rule. 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)).
    As noted in the staff's Safety Evaluation, the licensee's proposed 
schedule for UFSAR updates will ensure that the STP UFSAR and 
Operations Quality Assurance Plan 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). Revising the FSAR annually or 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 STP 
UFSARs within 6 months of each unit's refueling outage. The licensee 
will be required to submit updates to the STP UFSAR, the Operations 
Quality Assurance Plan, and the 10 CFR 50.59 safety evaluation summary 
reports to the NRC no later than 24 calendar months from the previous 
revision.
    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 57144).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of November 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-29920 Filed 11-6-98; 8:45 am]
BILLING CODE 7590-01-P