[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Notices]
[Page 70807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33826]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-259, 50-260, 50-296]


Tennessee Valley Authority (Browns Ferry Nuclear Plants Units 1, 
2, and 3); Exemption

I

    Tennessee Valley Authority (TVA or the licensee) is the holder of 
Facility Operating License Nos. DPR-33, DPR-52 and DPR-68, for 
operation of the Browns Ferry Nuclear Plant (BFN) Units 1, 2 and 3. The 
licenses provide, among other things, that the licensee is subject to 
all rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (Commission or NRC) now or hereafter in effect.
    These facilities consist of three boiling water reactors located in 
Limestone County, Alabama.

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 three BFN units 
share a common UFSAR; therefore, this rule requires the licensee to 
update the same document within 6 months after a refueling outage for 
each 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. * * *'' As 
noted in the NRC staff's Safety Evaluation, the licensee's proposed 
schedule for UFSAR updates will ensure that the BFN UFSAR will be 
maintained current within 24 months of the last revision. The proposed 
schedule fits within the 24-month duration specified by 10 CFR 
50.71(e)(4). Literal application of 10 CFR 50.71(e)(4) would require 
the licensee to update the same document within 6 months after a 
refueling outage for each unit, a more burdensome requirement than 
intended. 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 BFN UFSAR within 6 months of each 
unit's refueling outage. The licensee will be required to submit 
updates to the BFN UFSAR within 6 months after Unit 2 refueling 
outages, but not to exceed 24 months from the last submittal.
    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 69311).
    This exemption is effective upon issuance.

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

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33826 Filed 12-21-98; 8:45 am]
BILLING CODE 7590-01-P