[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Notices]
[Pages 47042-47043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22624]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-237]


Exelon Generation Company, LLC; Dresden Nuclear Power Station, 
Unit 2; Exemption

1.0  Background

    The Exelon Generation Company, LLC, (Exelon, or the licensee) is 
the holder of Facility Operating License No. DPR-19, which authorizes 
operation of the Dresden Nuclear Power Station, Unit 2. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of a boiling water reactor located in Grundy 
County, Illinois.

2.0  Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
section

[[Page 47043]]

50.55a(g)(6)(ii)(B), Expedited Examination of Containment, requires 
that, by September 9, 2001, licensees of all operating nuclear power 
plants shall implement the inservice examinations for the first period 
of the first inspection interval specified in ASME Subsection IWE of 
the 1992 Edition with the 1992 Addenda in conjunction with the 
modifications specified in 10 CFR 50.55a(b)(2)(ix). The purpose of 
performing these containment inspections is to ensure the structural 
integrity of the containment. While some of the inservice examinations 
can be performed with the plant at power, due to radiological 
considerations, other examinations must be scheduled during plant 
outages.
    The licensee recently upgraded their inservice examination program 
by implementing the 1998 Edition of ASME Section XI, Subsection IWE in 
place of the 1992 Edition. The staff approved this proposal by letter 
dated September 18, 2000. While the licensee intended to complete the 
required inservice examinations during the refueling outage of October 
1999, the licensee subsequently determined that some of the 
examinations did not meet either the 1992 or 1998 Edition and, 
therefore, must be re-performed. Considering that the licensee's next 
scheduled refueling outage will be in October 2001, the licensee will 
be unable to complete all inservice examinations required by regulation 
unless a special outage, for the purpose of performing inservice 
examinations, is planned prior to September 9, 2001.
    In consideration of the above, by letter dated December 8, 2000, 
and supplemented by letter dated February 2, 2001, the licensee 
requested a schedular exemption from implementation of inservice 
examinations of the containment by September 9, 2001, as required by 10 
CFR 50.55a(g)(6)(ii)(B). The schedular exemption is requested to extend 
the implementation date by 90 days (i.e., to December 8, 2001) to allow 
completion of first period examinations during the next refueling 
outage, scheduled to begin in October 2001.

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. According to 10 CFR 
50.12(a)(2)(iii), special circumstances are present whenever compliance 
would result in undue hardship or other costs that are significantly in 
excess of those contemplated when the regulation was adopted. The 
requested schedular exemption is required to prevent a forced shutdown 
of the facility for the purpose of conducting inservice examinations 
prior to September 9, 2001. In addition, according to 10 CFR 
50.12(a)(2)(v), special circumstances are also present whenever the 
exemption would provide only temporary relief from the applicable 
regulation and the licensee has made good faith efforts to comply with 
the regulation. The requested exemption is only needed for a maximum of 
90 days, to the start of the next scheduled refueling outage. The staff 
believes that the licensee made good faith efforts to complete the 
inservice examinations to satisfy the regulations during their last 
refueling outage of October 1999.
    As described in the staff's safety evaluation dated August 31, 
2001, the staff finds that: (1) The requested 90-day extension is a 
relatively short period that would not permit a significant increase in 
any degradation that has developed since the general visual examination 
performed during the most recent refueling outage conducted in October 
1999, (2) a separate outage for the performance of containment 
inspections to meet the date of September 9, 2001, would present undue 
hardship and costs due to lost generation, and (3) an extra shutdown 
would increase radiological exposure. On this basis, the staff 
concludes that (1) the exemption requested by the licensee will not 
present an undue risk to the public health and safety, (2) to meet the 
date required by the regulation would result in undue hardship or other 
costs, and (3) the exemption would provide only temporary relief from 
the applicable regulation. Therefore, the exemption is authorized 
pursuant to 10 CFR 50.12(a).

4.0  Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not endanger life or 
property or common defense and security, and is, otherwise, in the 
public interest. Also, special circumstances are present. Therefore, 
the Commission hereby grants Exelon Nuclear an exemption from the 
requirements of 10 CFR 50.55a(g)(6)(ii)(B) for Dresden Nuclear Power 
Station, Unit 2.
    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 (66 FR 45876).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 31st 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. 01-22624 Filed 9-7-01; 8:45 am]
BILLING CODE 7590-01-P