[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Page 40668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15171]



[[Page 40668]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


FirstEnergy Nuclear Operating Company, Davis-Besse Nuclear Power 
Station, Unit 1, Withdrawal of Exemption

1.0 Background

    The FirstEnergy Nuclear Operating Company (the licensee) is the 
holder of Facility Operating License No. NPF-3 which authorizes 
operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS). 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 a pressurized-water reactor located in 
Ottawa County in Ohio.

2.0 Request

    Title 10 of the Code of Federal Regulations (10 CFR), part 50, 
appendix R, subsection III.L.1 requires that alternative or dedicated 
shutdown capability be able to achieve cold shutdown conditions within 
72 hours. The NRC granted an exemption to this requirement by letter 
dated August 20, 1984, for DBNPS.
    In summary, the licensee now concludes that DBNPS meets the 
requirement and the exemption is no longer required; therefore, the 
licensee requests that the exemption be withdrawn.

3.0 Evaluation

    Two issues caused the licensee to originally request the exemption. 
They were the ability to depressurize the reactor coolant system and a 
limitation on cooldown rate. The licensee has recently performed an 
evaluation and determined that alternate pressurizer spray from the 
high pressure injection pumps could be used for depressurization and 
the limit on cooldown rate can be increased. The licensee concluded 
that DBNPS can now comply with the regulation and the exemption is no 
longer required.
    Based upon the licensee's recent evaluation determining that DBNPS 
alternative shutdown capability can achieve cold shutdown within 72 
hours, the staff concludes that the exemption can be withdrawn.

4.0 Conclusion

    Accordingly, the Commission hereby grants FirstEnergy Nuclear 
Operating Company withdrawal of the exemption from the requirements of 
CFR part 50, appendix R, subsection III.L.1, granted by letter dated 
August 20, 1984, for DBNPS.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption withdrawal will not have a significant 
effect on the quality of the human environment (69 FR 28951).
    This exemption withdrawal is effective upon issuance.

    Dated at Rockville, Maryland, this 24th day of June, 2004.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 04-15171 Filed 7-2-04; 8:45 am]
BILLING CODE 7590-01-P