[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Notices]
[Page 42152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19855]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-373 and 50-374]


In the Matter of Commonwealth Edison Company (LaSalle County 
Station, Units 1 and 2); Exemption

I

    Commonwealth Edison Company (ComEd, the licensee) is the holder of 
Facility Operating License Nos. NPF-11 and NPF-18 for LaSalle County 
Station, Units 1 and 2. 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.
    LaSalle County Station consists of two boiling water reactors 
located in LaSalle County, Illinois.

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 ``[s]ubsequent 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 UFSAR] does not exceed 24 months.'' The LaSalle 
station, Units 1 and 2, share a common FSAR. Therefore, this rule 
requires the licensee to update the same document annually or within 6 
months after each unit's refueling outage (approximately every 9 
months).

III

    Section 50.12(a) of 10 CFR, ``Specific exemptions,'' states:

    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 ``[a]pplication 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 has proposed updating the unified LaSalle UFSAR within 24 
calendar months of the previous UFSAR revision. The underlying purpose 
of the rule was to relieve licensees of the burden of filing annual 
UFSAR 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 UFSAR revisions 6 months after 
refueling outages for its facility, but did not provide in the rule for 
multiple unit facilities sharing a common UFSAR. Rather, the Commission 
stated that ``[w]ith respect to * * * multiple facilities sharing a 
common UFSAR, licensees will have maximum flexibility for scheduling 
updates on a case-by-case basis'' (57 FR 39355 (1992)).
    As noted In the NRC staff's Safety Evaluation, the licensee's 
proposed schedule for the LaSalle UFSAR updates will ensure that the 
UFSAR will be maintained current for both units within 24 months of the 
last revision. The proposed schedule satisfies the maximum 24-month 
interval between UFSAR revisions specified by 10 CFR 50.71(e)(4). The 
requirement to revise the UFSAR annually or within 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 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 LaSalle 
UFSAR annually or within 6 months of each unit's refueling outage. The 
licensee will be required to submit updates to the LaSalle UFSAR within 
24 months of the previous UFSAR revision 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 (64 FR 39177).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of July, 1999.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 99-19855 Filed 8-2-99; 8:45 am]
BILLING CODE 7590-01-P