[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32112]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Wisconsin Public Service Co. (Kewaunee Nuclear Power Plant); 
Exemption

I

    The Wisconsin Public Service Company (WPSC, the licensee) is the 
holder of Facility Operating License No. DPR-43, which authorizes 
operation of the Kewaunee Nuclear Power Plant. The operating license 
states, among other things, that the licensee is subject to all rules, 
regulations, and orders of the U.S. Nuclear Regulatory Commission (the 
Commission) now or hereafter in effect.
    The Kewaunee Nuclear Power Plant is a pressurized-water reactor 
facility located at the licensee's site in Kewaunee County, Wisconsin.

II

    By letter dated August 6, 1998, WPSC submitted an exemption request 
to certain requirements in Title 10 of the Code of Federal Regulations, 
Part 50, Appendix G, ``Fracture Toughness Requirements,'' which invokes 
ASME, Section XI, Appendix G pressure-temperature limits for reactor 
pressure vessels (RPVs).

III

    The NRC has established requirements in 10 CFR part 50 to protect 
the integrity of the reactor coolant system pressure boundary. 10 CFR 
50.60(a) and 10 CFR part 50, appendix G.IV.2. require (via reference to 
10 CFR 50.55a) that pressure-temperature (P-T) limits be established 
for RPVs during normal operation and vessel hydrostatic testing based 
on the methodology provided in the 1989 Edition of ASME Section XI, 
Appendix G. Pursuant to 10 CFR 50.60(b), alternatives to the 
requirements of 10 CFR part 50, appendix G.IV.2 may be used when an 
exemption is granted by the Commission. The underlying purpose of 10 
CFR 50.60(a) and 10 CFR Part 50, Appendix G, is to establish fracture 
toughness requirements for the reactor coolant system pressure boundary 
to provide adequate margins of safety during normal operation, 
including anticipated operational occurrences and system hydrostatic 
tests, to which the pressure boundary may be subjected over its service 
lifetime.
    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 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 NRC staff examined WPSC's rationale to support the exemption 
request and concluded that the use of Code Case N-588 would also meet 
the underlying intent of the regulations. The licensee's request for 
the exemption under the special circumstances of 10 CFR 50.12(a)(2)(ii) 
was found to be appropriate. Application of the regulation is not 
necessary to achieve the underlying purpose of the rule because, as 
stated in the staff Safety Evaluation, dated November 25, 1998, 
adequate margins of safety on the structural integrity of the reactor 
coolant pressure boundary are maintained with the application of Code 
Case N-588. Therefore, the NRC staff has concluded that an exemption to 
the requirements of 10 CFR 50.60 and 10 CFR part 50, appendix G.IV.2 
should be granted to allow WPSC to apply the methodology in ASME Code 
Case N-588 for the purpose of developing P-T limits for the KNPP RPV.

IV

    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 common defense and security, and is otherwise in the public 
interest. Therefore, the Commission hereby grants an exemption from the 
requirements of 10 CFR 50.60(a) and 10 CFR part 50, appendix G.IV.2 to 
allow WPSC to apply the methods in ASME Code Case N-588 for the 
evaluation of KNPP pressure-temperature limits.
    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 (63 FR 65265).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 25th day of November 1998.

    For the Nuclear Regulatory Commission.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-32112 Filed 12-1-98; 8:45 am]
BILLING CODE 7590-01-P