[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21165-21166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-894]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370]


Duke Energy Corporation; McGuire Nuclear Station, Units 1 and 2; 
Exemption

1.0 Background

    The Duke Energy Corporation (the licensee) is the holder of Renewed 
Facility Operating License Nos. NPF-9 and NPF-17 which authorizes 
operation of the McGuire Nuclear Station, Units 1 and 2 (McGuire). The 
license provides, among other things, that the facility is subject to 
all rules, regulations, and orders of the Nuclear Regulatory Commission 
(NRC, the Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors located in 
Mecklenburg County in North Carolina.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) part 73, 
appendix B, Section I.B.b.(1), ``Vision,'' (a) states, ``For each 
individual, distant visual acuity in each eye shall be correctable to 
20/30 (Snellen or equivalent) in the better eye and 20/40 in the other 
eye with eyeglasses or contact lenses. If uncorrected distance vision 
is not at least 20/40 in the better eye, the individual shall carry an 
extra pair of corrective lenses. Near visual acuity, corrected or 
uncorrected, shall be at least 20/40 in the better eye. Field of vision 
must be at least 70[deg] horizontal meridian in each eye. The ability 
to distinguish red, green, and yellow colors is required. Loss of 
vision in one eye is disqualifying. Glaucoma shall be disqualifying, 
unless controlled by acceptable medical or surgical means, provided 
such medications as may be used for controlling glaucoma do not cause 
undesirable side effects which adversely affect the individual's 
ability to perform assigned security job duties, and provided the 
visual acuity and field of vision requirements stated above are met. 
On-the-job evaluation shall be used for individuals who exhibit a mild 
color vision defect.'' The regulation at 10 CFR part 73, appendix B, 
Section III.A.IV, ``Weapons qualification and requalification 
program,'' states, ``Qualification firing for the handgun and rifle 
must be for daylight firing, and each individual shall perform night 
firing for familiarization with assigned weapon(s). The results of 
weapons qualification and requalification must be documented by the 
licensee or the licensee's agent. Each individual shall be requalified 
at least every 12 months. The licensee shall retain this documentation 
of each qualification and requalification as a record for three years 
from the date of the qualification or requalification, as appropriate.
    A. Handgun--Guards, armed escorts and armed response personnel 
shall qualify with a revolver or semiautomatic pistol firing from the 
national police course, or an equivalent nationally recognized course. 
Qualifying score shall be an accumulated total of 70 percent of the 
maximum obtainable score.
    B. Semiautomatic Rifle--Guards, armed escorts and armed response 
personnel, assigned to use the semiautomatic rifle by the licensee 
training and qualifications plan, shall qualify with a semiautomatic 
rifle by firing the 100-yard course of fire specified in section 
17.5(1) of the National Rifle Association, High Power Rifle Rules book 
(effective March 15, 1976) or a nationally recognized equivalent course 
of fire. Targets used shall be as stated in section 17.5 for the 100-
yard course. Time limits for individuals shall be as specified in 
section 8.2 of the NRA rulebook, regardless of the course fired. 
Qualifying scores shall be an accumulated total of 80 percent of the 
maximum obtainable score.
    C. Shotgun--Guards, armed escorts and armed response personnel 
assigned to use the 12-gauge shotgun by the licensee training and 
qualifications plan shall qualify with a full choke or improved 
modified choke 12-gauge shotgun. To qualify, the individual shall be 
required to place 50 percent of all pellets (36) pellets within the 
black silhouette.
    D. Requalification--Individuals shall be weapons requalified at 
least every 12 months in accordance with the NRC approved licensee 
training and qualifications plan, and in accordance with the 
requirements stated in A, B, and C of this section.'' In its letter of 
June 12, 2003, the licensee requested an exemption from the distant 
visual requirements of 10 CFR part 73, appendix B, Section I.B.b(1). 
The licensee's letter of June 12, 2003, is being withheld from public 
disclosure pursuant to 10 CFR 2.390(a)(6), because the letter contains 
information about an employee's personnel and medical records, a 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy.

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 NRC staff has reviewed the individual's visual medical 
evaluations and has determined that granting the exemption will not 
jeopardize the health and safety of the public or be inimical to the 
common defense and security. The NRC staff's Safety Evaluation is 
provided in the Enclosure, that is being withheld from public 
disclosure because it also contains information about an employee's 
personnel and medical records, a disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.
    Therefore, the NRC staff concludes that, pursuant to 10 CFR 
50.12(a)(2), the exemption requested by the licensee in its June 12, 
2003, submittal should be granted.

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 Duke Energy Corporation an 
exemption from the requirements of 10 CFR part 73, appendix B, Section 
I.B.b(1), ``Vision,'' for the McGuire Nuclear Station, Units 1 and 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 (69 FR 18655, April 8, 2004).
    This exemption is effective upon issuance.


[[Page 21166]]


    Dated at Rockville, Maryland, this 13th day of April, 2004.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
 [FR Doc. E4-894 Filed 4-19-04; 8:45 am]
BILLING CODE 7590-01-P