[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62502-62503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25387]



[[Page 62502]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237, 50-249, 50-254, and 50-265]


Exelon Generation Company, LLC, Dresden Nuclear Power Station, 
Units 2 and 3, Quad Cities Nuclear Power Station, Units 1 and 2; 
Exemption

1.0 Background

    The Exelon Generation Company, LLC (the licensee) is the holder of 
Facility Operating License Nos. DPR-19 and DPR-25, which authorize 
operation of the Dresden Nuclear Power Station, Units 2 and 3 
(Dresden), and Facility Operating License Nos. DPR-29 and DPR-30, which 
authorize operation of the Quad Cities Nuclear Power Station, Units 1 
and 2 (Quad Cities). 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 Dresden facility consists of two boiling-water reactors located 
in Grundy County, Illinois, and the Quad Cities facility consists of 
two boiling-water reactors located in Rock Island County, Illinois.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
section 50.71, paragraph (e)(4) requires that subsequent revisions to 
the Updated Final Safety Analysis Report (UFSAR) be submitted 
periodically to the NRC provided that the interval between successive 
updates does not exceed 24 months. The Dresden and Quad Cities UFSAR 
revisions are currently submitted on a 24-month cycle. The next 
scheduled date for submittal of the revised UFSAR for Dresden is June 
30, 2003, and for Quad Cities is October 20, 2003. The licensee 
proposes to submit revised UFSARs along with Operating License Renewal 
Applications (LRAs) for Dresden and Quad Cities in January 2003, and to 
resume the established schedule for submittal of UFSAR revisions for 
Dresden on June 30, 2005, and for Quad Cities on October 20, 2005. An 
exemption is required because 10 CFR 50.71(e)(4) requires that 
subsequent revisions to the UFSAR be submitted periodically to the NRC 
provided that the interval between successive updates does not exceed 
24 months.

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. These circumstances include 
the special circumstances that 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.
    The underlying purpose of the regulation is to ensure the UFSAR 
contains the latest information and analyses submitted to the NRC by 
the licensee or prepared by the licensee pursuant to NRC requirement 
since the submittal of the original final safety analysis report, or, 
as appropriate, since the last update to the final safety analysis 
report submitted under 10 CFR 50.71(e).
    The staff examined the licensee's rationale to support the 
exemption request and concluded that granting it would meet the 
underlying purpose of 10 CFR part 50. Consistent with previous 
applicants and in order to facilitate the review of LRAs for Dresden 
and Quad Cities, the licensee plans to submit revised copies of each 
station's UFSAR along with the LRAs in January 2003. Submitting the 
revised UFSARs with the LRAs in January 2003 will result in submittal 
of the revisions for Dresden and Quad Cities earlier than their normal 
due dates. Revised UFSARs are necessary to facilitate NRC review of the 
LRAs due to numerous changes approved for the stations since the last 
revisions, including modifications due to extended power uprates, fuel 
type changes, and numerous other license amendments. A revised UFSAR is 
an integral element of the technical resources used by the NRC for the 
review of an LRA. The licensee maintains the UFSARs current with 
controlled and approved procedures which track and account for all 
changes for subsequent incorporation. The licensee UFSAR control 
process ensures that the UFSARs are maintained as required by NRC 
regulations. The proposed action only alters the schedule for submittal 
of the UFSAR revisions on a one-time basis. The requested exemption 
will only provide temporary relief from the applicable regulation and 
does not jeopardize the health and safety of the public. The licensee 
plans to resume the established schedule for submittal of the UFSAR 
revisions in 2005 for both stations. Also, the licensee plans to submit 
all other documents incorporated by reference in the UFSARs on the 
regularly scheduled dates in 2003.
    10 CFR 50.12(a)(2)(iii) requires that 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, or that are significantly in excess of those 
incurred by others similarly situated. If the exemption is not granted, 
the licensee will have to prepare multiple UFSAR revision submittals 
within a ten-month period. Resetting the schedule for UFSAR update 
submittals to every other year in January would also result in undue 
hardship due to the scheduling of resources towards the end and 
beginning of the year. The staff finds that the licensee merits the 
required special circumstances under 10 CFR 50.12(a)(2)(iii).
    Therefore, the staff concludes that pursuant to 10 CFR 50.12(a)(2), 
a one-time exemption is authorized from the requirements of 10 CFR 
50.71(e)(4) to allow extension of the submittal of revisions to the 
Dresden and Quad Cities UFSARs until June 30, 2005, and October 20, 
2005, respectively.

4.0 Conclusion

    Accordingly, 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. Also, special circumstances are present. 
Therefore, the Commission hereby grants Exelon Generation Company, LLC 
a one-time exemption for Dresden and Quad Cities from the requirement 
of 10 CFR 50.71(e)(4) that subsequent revisions to the UFSAR be 
submitted periodically to the NRC provided that the interval between 
successive updates does not exceed 24 months. The exemption is granted 
based upon the licensee's intention to submit updated UFSARs along with 
LRAs in January 2003, as stated in the letter from K. Jury (licensee) 
to NRC Document Control Desk, ``Request for Schedular Exemption for 
Biennial Submittal of Revised Updated Safety Analysis Reports (UFSARs) 
to Support Operating License Renewal Application,'' dated August 9, 
2002.
    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 (67 FR 59580).

[[Page 62503]]

    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of October 2002.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 02-25387 Filed 10-4-02; 8:45 am]
BILLING CODE 7590-01-P