[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Page 15831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8027]



[[Page 15831]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440]


FirstEnergy Nuclear Operating Company (Perry Nuclear Power Plant, 
Unit 1); Exemption

I

    The FirstEnergy Nuclear Operating Company (FENOC, the licensee) is 
the holder of Facility Operating License No. NPF-58, which authorizes 
operation of the Perry Nuclear Power Plant, Unit 1. 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 Perry Nuclear Power Plant is a boiling-water reactor facility 
located at the licensee's site in Lake County, Ohio.

II

    By letter dated December 3, 1998, FENOC submitted an exemption 
request to the control room dose acceptance criteria of 10 CFR part 50, 
Appendix A, General Design Criterion (GDC) 19. The exemption request 
would permit use of a total effective dose equivalent (TEDE) acceptance 
criterion of 5-rem in place of the ``5 rem whole body, or its 
equivalent to any part of the body'' dose acceptance criterion that is 
currently specified in GDC 19.
    The NRC has established control room dose acceptance criteria in 10 
CFR part 50, Appendix A, GDC 19, for all light-water power reactors. 
GDC 19 requires, in part, that ``Adequate radiation protection shall be 
provided to permit access and occupancy of the control room under 
accident conditions without personnel receiving radiation exposures in 
excess of 5 rem whole body, or its equivalent to any part of the body, 
for the duration of the accident.'' As described in SECY-96-242, ``Use 
of the NUREG-1465 Source Term at Operating Reactors,'' the staff 
informed the Commission of its approach to allow the use of the revised 
accident source term described in NUREG-1465, ``Accident Source Terms 
for Light-Water Nuclear Power Plants,'' at operating plants. In the 
SECY paper, the staff described its plans to review plant applications 
implementing this source term and indicated that the TEDE methodology 
would be incorporated in these reviews. The Commission approved these 
plans and directed the staff to commence rulemaking and requested the 
use of the TEDE methodology in the implementation of the revised 
accident source term. The TEDE guidelines, which are needed to support 
revised accident source term applications, are not currently provided 
in regulations governing operating reactors.
    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 the licensee's 
rationale to support the exemption request and concluded that the use 
of the TEDE acceptance criteria for the control room would 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 control room dose 
acceptance criteria of GDC 19 is not necessary to achieve the 
underlying purpose of the rule because, as stated in the staff safety 
evaluation, dated March 26, 1999, the staff considers the TEDE 
methodology as an acceptable means of meeting the current regulatory 
requirement. Therefore, the staff has concluded that an exemption to 
the requirements of 10 CFR part 50, Appendix A, GDC 19, should be 
granted to allow FENOC to adopt the TEDE methodology for the purpose of 
implementing the revised accident source term of NUREG-1465.

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 part 50, Appendix A, GDC 19 to allow FENOC to 
adopt the TEDE methodology for the purpose of implementing the revised 
accident source term of NUREG-1465.
    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 (64 FR 4906).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 26th day of March 1999.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-8027 Filed 3-31-99; 8:45 am]
BILLING CODE 7590-01-P