[Federal Register Volume 66, Number 181 (Tuesday, September 18, 2001)]
[Notices]
[Pages 48151-48152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23211]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353]


Exelon Generation Company, LLC; Limerick Generating Station, Unit 
Nos. 1 and 2; Exemption

1.0  Background

    Exelon Generation Company, LLC, (the licensee) is the holder of 
Facility Operating License Nos. NPF-39 and NPF-85 which authorize 
operation of the Limerick Generating Station (LGS), Unit Nos. 1 and 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 dual unit boiling water reactors located 
in Montgomery County in Pennsylvania.

2.0  Request/Action

    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 ``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 UFSAR] does not exceed 24 months.'' The two units at LGS share a 
common UFSAR, therefore, this rule requires the licensee to update the 
same document annually or within 6 months after each unit's refueling 
outage. Since each unit is on a staggered 24 month refueling cycle, 
updating after each refueling outage also results in an annual update. 
Single unit sites using a 24 month refueling cycle would only be 
required to update the UFSAR on a 24 month periodicity. The proposed 
exemption would allow updates to the combined UFSAR for LGS, Unit Nos. 
1 and 2, to be submitted within 6 months following completion of each 
LGS Unit 1 refueling outage, not to exceed 24 months from the previous 
submittal.
    In summary, the licensee has requested an exemption that would 
allow updates to the LGS UFSAR at a periodicity not to exceed 24 
months, similar to the periodicity permitted for single unit sites.

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. The last change to 10 CFR 
50.71(e)(4) was published in the Federal Register (57 FR 39358) on 
August 31, 1992, and became effective on October 1, 1992. The 
underlying purpose of the rule change was to relieve licensees of the 
burden of filing annual UFSAR revisions, especially if there had been 
no refueling outages since the previous revision. Most of the changes 
which lead to revision of the UFSAR occur during refueling outages. The 
revised 10 CFR 50.71(e)(4) also assured that such revisions are made at 
least every 24 months. However, as written, the burden reduction can 
only be realized by single-unit facilities, or multiple-unit facilities 
that maintain separate UFSARs for each unit. In the Summary and 
Analysis of Public Comments accompanying the 10 CFR 50.71(e)(4) rule 
change published in the Federal Register (57 FR 39355, 1992), the NRC 
acknowledged that the final rule did not provide burden reduction to 
multiple-unit facilities sharing a common UFSAR. The NRC stated: ``With 
respect to the concern about multiple facilities sharing a common FSAR, 
licensees will have maximum flexibility for scheduling updates on a 
case-by-case basis.'' Granting this exemption would provide burden 
reduction to LGS while still assuring that revisions to the LGS UFSAR 
are made at least every 24 months.
    The NRC staff examined the licensee's rationale to support the 
exemption request and concluded that updating the LGS UFSAR within 6 
months following completion of each LGS Unit 1 refueling outage, not to 
exceed 24 months from the previous submittal, meets the underlying 
purpose of 10 CFR 50.71(e)(4), since the LGS UFSAR would be updated at 
least every 24 months, similar to the UFSAR at a single unit site. The 
requirement to revise the UFSAR annually or within 6 months after the 
refueling outages for each unit, therefore, is not necessary to achieve 
the underlying purpose of the rule. In addition, the NRC previously 
acknowledged that the revision to 10 CFR 50.71(e)(4) did not directly 
address burden reduction for multiple-unit facilities that share a 
common UFSAR, but that such situations could be addressed on a case-by-
case basis. The NRC staff has reviewed the licensee's request and has 
concluded that application of the regulation in these circumstances is 
not necessary to

[[Page 48152]]

achieve the underlying purpose of the rule.
    Therefore, the NRC staff concludes that pursuant to 10 CFR 
50.12(a)(2)(ii) special circumstances are present.
    In addition, the Commission has determined that, pursuant to 10 CFR 
50.12(a), 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.

4.0  Conclusion

    Accordingly, the Commission hereby grants the licensee an exemption 
from the requirements of 10 CFR 50.71(e)(4) for LGS Unit Nos. 1 and 2, 
in that updates to the combined UFSAR for LGS, Unit Nos. 1 and 2, may 
be submitted within 6 months following completion of each LGS Unit 1 
refueling outage, not to exceed 24 months from the previous submittal.
    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 40300).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 12th day of September, 2001.

    For the Nuclear Regulatory Commission.
Claudia M. Craig,
 Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 01-23211 Filed 9-17-01; 8:45 am]
BILLING CODE 7590-01-P