[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Notices]
[Page 23687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11022]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-361 and 50-362]


Southern California Edison Company (San Onofre Nuclear Generating 
Station, Unit Nos. 2 and 3); Exemption

I

    Southern California Edison Company (SCE, the licensee) is the 
holder of Facility Operating License Nos. NPF-10 and NPF-15, which 
authorize operation of the San Onofre Nuclear Generating Station, Units 
2 and 3. 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.
    These facilities consist of two pressurized water reactors located 
at the licensee's site in San Clemente, California.

II

    Section 50.71 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Maintenance of records, making reports,'' paragraph (e)(4) 
states, in part, that ``Subsequent revisions 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 San 
Onofre Nuclear Generating Station (SONGS) units share a common Final 
Safety Analysis Report (FSAR); therefore, this rule requires the 
licensee to update the same document within six 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 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's proposed schedule for FSAR updates, 6 months following every 
Unit 3 refueling outage, but not exceeding 24 months, will ensure that 
the SONGS FSAR 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 following a refueling outage for either 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).

IV

    The Commission has 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. Therefore, the 
Commission hereby grants Southern California Edison Company an 
exemption from the requirements of 10 CFR 50.71(e)(4) to submit updates 
to the SONGS UFSAR within 6 months following every Unit 3 refueling, 
not to exceed 24 months, beginning 6 months after the next Unit 3 
refueling outage or 24 months from the last update of the SONGS UFSAR, 
whichever is sooner.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant effect on the 
environment (64 FR 14470).
    This exemption is effective upon issuance.

    Dated at Rockville, MD, this 27th day of April 1999.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 99-11022 Filed 4-30-99; 8:45 am]
BILLING CODE 7590-01-P