[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Notices]
[Pages 41893-41894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19961]


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NUCLEAR REGULATORY COMMISSION

[Docket No(s). 50-498 and 50-499]


STP Nuclear Operating Company, et al., South Texas Project, Units 
1 and 2; Denial of Exemption

1.0  Background

    STP Nuclear Operating Company, et al. (STPNOC or the licensee) is 
the holder of Facility Operating License Nos. NPF-76 and NPF-80, which 
authorize operation of the South Texas Project, Units 1 and 2 (STP or 
the facilities). The licenses provide, among other things, that the 
licensee is subject to all rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC or the Commission) now or hereafter 
in effect.
    The facilities consist of two pressurized-water reactors located at 
the licensee's site in Matagorda County, Texas.

2.0  Request/Action

    Section 50.34(b)(6)(ii) of Title 10 of the Code of Federal 
Regulations Part 50 [10 CFR 50.34(b)(6)(ii)], requires that the Final 
Safety Analysis Report (FSAR) include information related to how the 
requirements of 10 CFR Part 50, Appendix B, ``Quality Assurance 
Criteria for Nuclear Power Plants and Fuel Reprocessing Plants,'' will 
be satisfied. The regulation at 10 CFR 50.54(a)(3) requires licensees 
to submit changes that reduce commitments in its Quality Assurance 
Program (QAP) description for NRC review prior to implementation. By 
letter dated July 13, 1999, as supplemented, October 14 and 22, 1999, 
January 26, and August 31, 2000, and January 15, 18, 23, March 19, May 
8 and 21, 2001, (hereinafter, the submittal), the licensee requested an 
exemption from the requirements of 10 CFR 50.34(b)(6)(ii) with respect 
to the extent that this regulation incorporates provisions from 10 CFR 
Part 50, Appendix B, except for Criterion III, ``Design Control,'' 
Criterion XV, ``Nonconforming Materials, Parts, or Components,'' and 
Criterion XVI, ``Corrective Action.'' The licensee also requested an 
exemption from the requirements of 10 CFR 50.54(a)(3) to the extent 
that it would require the licensee to submit an update to its QAP that 
would result from the changes that would occur from the exemptions 
granted to the special treatment requirements of 10 CFR Parts 21, 50, 
and 100. The scope of the exemptions requested was limited to those 
safety-related structures, systems or components (SSCs) categorized in 
accordance with STPNOC's risk-informed categorization process as low 
safety significant (LSS) or non-risk significant (NRS).

3.0  Discussion

     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 pursuant to 10 CFR 50.12(a)(2)(i) whenever application of the 
regulation in the particular circumstances conflicts with other rules 
or requirements of the Commission. Under 10 CFR 50.12(a)(2)(ii), 
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. Special circumstances are present pursuant to 10 CFR 
50.12(a)(2)(iii) when compliance would result in undue hardship or 
other costs that are significantly in excess of those contemplated when 
the regulation was adopted, or that are significantly in excess of 
those incurred by others similarly situated. Special circumstances are 
present under 10 CFR 50.12(a)(2)(iv) whenever an exemption would result 
in benefit to the public health and safety that compensates for any 
decrease in safety that may result from the granting of the exemption. 
Special circumstances are present under 10 CFR 50.12(a)(2)(v) whenever 
the exemption would provide only temporary relief from the applicable 
regulation and the licensee or applicant has made good faith efforts to 
comply with the regulation. Special circumstances are present under 10 
CFR 50.12(a)(2)(vi) whenever there is any other material circumstances 
not considered when the regulation was adopted for which it would be in 
the public interest to grant an exemption. If 10 CFR 50.12(a)(2)(vi) is 
relied on exclusively for satisfying the special circumstances 
provision of 10 CFR

[[Page 41894]]

50.12(a)(2), the exemption may not be granted until the Executive 
Director for Operations has consulted with the Commission.
    The NRC has completed its evaluation of STPNOC's request for an 
exemption from the requirements of 10 CFR 50.34(b)(6)(ii) and 10 CFR 
50.54(a)(3). The NRC has determined that exemptions from these 
requirements are not appropriate as documented in the safety evaluation 
dated August 3, 2001, prepared in support of the licensee's exemption 
requests.
    The underlying purpose of the requirements is for the licensee to 
document how the quality assurance requirements of 10 CFR Part 50, 
Appendix B, will be satisfied, including changes to the application of 
these requirements to safety-related SSCs. The application of a risk-
informed categorization process or changes to special treatment 
requirements applied to safety-related SSCs does not affect the 
underlying purpose of the requirement of 10 CFR 50.34(b)(6)(ii) or 10 
CFR 50.54(a)(3) related to the documentation describing the licensee's 
QAP. Should the licensee be granted exemptions from any of the 
requirements of 10 CFR Part 50, Appendix B, for LSS and NRS SSCs, the 
documentation describing its QAP should note that exemptions have been 
granted for LSS and NRS SSCs from those requirements. Changes to the 
QAP that supplement any exemptions from the requirements of 10 CFR Part 
50, Appendix B should be reviewed and approved pursuant to the 
requirements of 10 CFR 50.34(a)(3).
    Further, the NRC has found that none of the special circumstances 
described under 10 CFR 50.12(a)(2) that are necessary for the 
Commission to grant the exemption are satisfied with regard to the 
specific requirements of 10 CFR 34(b)(6)(ii) or 10 CFR 50.54(a)(3). 
There are no conflicts with other rules or requirements of the 
Commission, the underlying purpose of the rule would not be met by 
granting the exemption, compliance with the rule would not result in 
undue hardship or excessive costs, granting the exemption would not 
result in either a benefit to the public health and safety or a 
decrease in safety, STPNOC is not seeking temporary relief from the 
regulation, and there are no other material circumstances not 
previously considered for which it would be in the public interest to 
grant an exemption.

4.0  Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), an exemption is not appropriate. Further, the Commission has 
determined that special circumstances are not present. Therefore, the 
Commission hereby denies STPNOC the exemptions from the 10 CFR 
50.34(b)(6)(ii) requirements that the FSAR include information related 
to how the requirements of 10 CFR Part 50, Appendix B will be satisfied 
for STP and from the requirements of 10 CFR 50.54(a)(3) to submit for 
NRC review and approval changes to the QAP that would result from the 
granting of exemptions from the special treatment requirements of 10 
CFR Parts 21, 50, and 100.

    Dated at Rockville, Maryland, this 3rd day of August, 2001.

    For The Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 01-19961 Filed 8-8-01; 8:45 am]
BILLING CODE 7590-01-P