[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Notices]
[Pages 70760-70761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29983]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-335 AND 50-389]


Florida Power and Light Company, et al. St. Lucie, Units 1 and 2; 
Exemption

1.0 Background

    The Florida Power and Light Company, et al. (FPL, the applicant) is 
the holder of Facility Operating License Nos. DPR-67 and No. NPF-16, 
which authorize operation of St. Lucie, Units 1 and 2, respectively. 
The licenses provide, 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 two pressurized water reactors located in 
St. Lucie County, Florida.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 54 
addresses the various requirements for renewal of operating licenses 
for nuclear power plants. Section 54.21(b) of 10 CFR specifies:

    Each year following submittal of the license renewal application 
and at least 3 months before scheduled completion of the NRC review, 
an amendment to the renewal application must be submitted that 
identifies any change to the CLB [current licensing basis] of the 
facility that materially affects the contents of the license renewal 
application, including the FSAR [final safety analysis report] 
supplement.

    In accordance with 10 CFR 54.15, which references 10 CFR 50.12, the 
NRC staff, upon its own initiative, developed an exemption to 10 CFR 
54.21(b) for St. Lucie, Units 1 and 2. At the time that 10 CFR part 54 
was issued, the staff expected that its review of a license renewal 
application (LRA) could take three or more years. The NRC staff 
completed its reviews of recent LRAs in less than 20 months. The 
exemption would allow FPL to submit one LRA amendment during the 
staff's review of the application, instead of two amendments.
    The NRC staff anticipates completing its review of the St. Lucie, 
Units 1 and 2, LRA and issuing a safety evaluation report (SER) by July 
3, 2003. This exemption would permit FPL to forgo submitting an annual 
LRA amendment provided it submits a single LRA amendment for St. Lucie, 
Units 1 and 2, at least three months before this scheduled completion 
date.

3.0 Discussion

    Pursuant to 10 CFR 54.15, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 54, in accordance with the provisions 
of 10 CFR 50.12, 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 requirements for exemption are discussed below:
    The Commission's basis for requiring applicants to submit 
amendments to LRAs is contained in section 54.21(b) and is discussed in 
the 1991 Statements of Consideration for part 54 (56 FR 64954). The 
Commission established the requirement to ensure that the effects of 
changes to the renewal applicant's CLB is evaluated during the review 
of its renewal application. The exemption is consistent with the 
Commission's intent for the NRC staff, during its review of the 
application, to evaluate changes to the CLB of the facility that 
materially affects the contents of the LRA, including the FSAR 
supplement.
    The exemption seeks only schedular relief regarding the timing and 
number of amendment submittals, and not substantive relief from the 
requirements of parts 50, 51, or 54. FPL must still submit an LRA 
amendment for St. Lucie, Units 1 and 2, as required by 10 CFR part 54. 
Therefore, the NRC staff finds that granting this schedular exemption 
will not represent an undue risk to public health and safety and is 
consistent with the common defense and security.

3.1 Special Circumstances Supporting Issuance of the Exemption

    An exemption will not be granted unless special circumstances are 
present as defined in 10 CFR 50.12(a)(2). Specifically, section 
50.12(a)(2)(ii) states that a special circumstance exists when 
``Application of the regulation in the particular circumstances * * * 
is not necessary to achieve the underlying purpose of the rule * * *'' 
In initially promulgating section 54.21(b) in 1991, the Commission 
stated that the purpose of submitting LRA amendments is ``To ensure 
that the effect of changes to a license renewal applicant's existing 
licensing basis is evaluated during the review of a renewal 
application, renewal applicants will be required to update the renewal 
application (including the integrated plant assessment) annually;'' (56 
FR 64954). The Commission indicated that the changes to the CLB that 
could affect the results of the license renewal processes, such as, 
scoping, screening, and aging management reviews should be evaluated 
during the NRC review of the LRA. As set forth below, the applicant's 
submittal of a single LRA amendment would allow the NRC staff to review 
and document the licensing changes in its safety evaluation report 
(SER) for St. Lucie, Units 1 and 2. Accordingly, under the exemption, 
the NRC staff will have the opportunity to review the recent changes to 
the CLB that could affect the results of license renewal processes.
    The applicant submitted its LRA for St. Lucie, Units 1 and 2, to 
the NRC on November 29, 2001. The NRC staff is scheduled to complete 
its review and the SER by July 3, 2003. In accordance with the 
requirements of 10 CFR 54.21(b), an applicant must submit a yearly LRA 
amendment by November 29, 2002, and a second amendment before April 3, 
2003, which is three months before the NRC staff is

[[Page 70761]]

scheduled to complete its review and issue an SER. Consequently, the 
licensee is required to submit two amendments within four months.
    The SER with open items, which is scheduled to be issued by 
February 7, 2003, will identify proposed licensee commitments that 
change the CLB and are acceptable to the NRC. The applicant will be 
able to include these changes in an amendment that is submitted after 
the SER with open items is issued. The NRC staff can then review these 
changes and revise the SER, accordingly. Hence, submittal of a single 
amendment after the SER with open items is issued would be beneficial 
to the NRC staff and the licensee.
    Therefore, submittal of two LRA amendments to satisfy the intent of 
section 54.21(b) and the application of the regulation, in this case, 
is not necessary to achieve the underlying purpose of the rule. The NRC 
staff finds that the exemption meets the requirement in Section 
50.12(a)(2)(ii) that special circumstances exist to grant the 
exemption.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
54.15 and 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. The exemption allows 
the applicant to forgo submitting the annual LRA amendment provided it 
submits an LRA amendment at least three months before the scheduled 
completion of the NRC's review. Therefore, the Commission hereby grants 
FPL the proposed exemption from the requirements of 10 CFR 54.21(b) for 
St. Lucie, Units 1 and 2, based on the circumstances described herein.
    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 69254).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 19th day of November, 2002.

    For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of Regulatory Improvement Programs, Office of 
Nuclear Reactor Regulation.
[FR Doc. 02-29983 Filed 11-25-02; 8:45 am]
BILLING CODE 7590-01-P