[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Pages 38219-38220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18057]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529 and STN 50-530]
Arizona Public Service Company, (Palo Verde Nuclear Generating
Station, Unit Nos. 1, 2, and 3); Exemption
I
Arizona Public Service Company (the licensee) is the holder of
Facility Operating License Nos. NPF-41, NPF-51, and NPF-74, which
authorize operation of Palo Verde Nuclear Generating Station (Palo
Verde), Unit Nos. 1, 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 three pressurized water reactors
located at the licensee's site in Maricopa County, Arizona.
II
Section 50.71 of Title 10 of the Code of Federal Regulations (10
CFR), ``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 Palo Verde
units share a common UFSAR; therefore, this rule requires the licensee
to update the same document annually or 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....'' 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 the rule did not provide
for multiple unit facilities sharing a common FSAR. 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)).
By letter dated June 9, 1998, as supplemented December 21, 1998,
the licensee requested an exemption from the requirements of 10 CFR
50.71(e)(4) to allow revisions to the UFSAR, changes to the quality
assurance program made in accordance with 10 CFR 50.54(a)(3), and
reports of changes, tests, and experiments made in accordance with 10
CFR 50.59(b)(2) to be submitted to the Commission on a 24-month
periodicity.
As noted in the staff's safety evaluation, the licensee's proposed
schedule for UFSAR updates will ensure that the Palo Verde UFSAR and
quality assurance program 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 UFSAR 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
[[Page 38220]]
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 Arizona Public Service Company an exemption
from the requirement of 10 CFR 50.71(e)(4) to submit updates to the
Palo Verde UFSAR annually or within 6 months of each unit's refueling
outage. The licensee will be required to submit updates to the Palo
Verde UFSAR, the quality assurance program, and the 10 CFR 50.59 safety
evaluation summary reports to the NRC no later than 24 months from the
previous revision.
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 36410).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 8th day of July 1999.
For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing and Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 99-18057 Filed 7-14-99; 8:45 am]
BILLING CODE 7590-01-P