[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30700-30701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8262]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266, 50-301, 50-282, and 50-306]


Nuclear Management Company, LLC; Point Beach Nuclear Plant, Units 
1 and 2; Prairie Island Nuclear Generating Plant, Units 1 and 2; 
Exemption

1.0 Background

    The Nuclear Management Company, LLC (NMC, licensee) is the holder 
of Facility Operating License Nos. DPR-24, DPR-27, DPR-42, and DPR-60, 
which authorize operation of the Point Beach Nuclear Plant (PBNP), 
Units 1 and 2, and the Prairie Island Nuclear Generating Plant (PINGP), 
Units 1 and 2. The licenses provide, among other things, that the 
facilities are subject to all rules, regulations, and orders of the 
Nuclear Regulatory Commission (NRC, Commission) now or hereafter in 
effect.
    The PBNP facility consists of two pressurized-water reactors 
located in Manitowoc County, Wisconsin, and the PINGP facility consists 
of two pressurized-water reactors located in Goodhue County, Minnesota.

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, ``Subsequent revisions [to the updated Final Safety 
Analysis Report (FSAR)] must be filed annually or 6 months after each 
refueling outage provided the interval between successive updates does 
not exceed 24 months.'' When two units share a common FSAR, the rule 
has the effect of making the licensee update the FSAR about every 12 to 
18 months. The current rule, as revised on August 31, 1992 (57 FR 
39353), was intended to provide some reduction in regulatory burden by 
limiting the frequency of required updates. The burden reduction, 
however, can only be realized by single-unit facilities or multiple-
unit facilities that maintain separate FSARs for each unit. For 
multiple-unit facilities with a common FSAR, the phrase ``each 
refueling outage'' increases rather than decreases the regulatory 
burden. While the NRC did not provide in the rule for multiple-unit 
facilities sharing a common FSAR, it stated that, ``[w]ith 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'' (57 FR 39355). PBNP and PINGP are two-unit sites, each site 
sharing a common updated FSAR \1\. This rule requires the licensee to 
update the PBNP FSAR and PINGP FSAR annually or within 6 months after 
each unit's refueling outage.
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    \1\ The updated FSAR at PINGP is called the Updated Safety 
Analysis Report (USAR).
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    In summary, the exemption from the requirements of 10 CFR 
50.71(e)(4) would allow periodic updates of the PBNP and PINGP updated 
FSARs once per fuel cycle, within 6 months following completion of each 
PBNP, Unit 1, refueling outage and within 6 months of each PINGP, Unit 
2, refueling outage, respectively, not to exceed 24 months from the 
last submittal for either site.

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. Section 50.12(a)(2)(ii) of 
10 CFR states that special circumstances are present when 
``[a]pplication of the regulation in the particular circumstances would 
not serve the underlying purpose of the rule or is not necessary to 
achieve the underlying purpose of the rule.'' The underlying

[[Page 30701]]

purpose of the rule was to relieve licensees of the burden of filing 
annual FSAR revisions while assuring that such revisions are made at 
least every 24 months.
    The NRC staff examined the licensee's rationale to support the 
exemption request and concluded that it would meet the underlying 
purpose of 10 CFR 50.71(e)(4). The licensee's proposed schedule for the 
PBNP FSAR and PINGP FSAR updates will ensure that the FSAR will be kept 
current for all units within 24 months of the last revision. The 
proposed schedule satisfies the maximum 24-month interval between FSAR 
revisions specified by 10 CFR 50.71(e)(4). The requirement to revise 
the FSAR annually or within 6 months after refueling outages for each 
unit, therefore, is not necessary to achieve the underlying purpose of 
the rule.
    Based on a consideration of the licensee's proposed exemption, the 
NRC staff concludes that literal application of 10 CFR 50.71(e)(4) 
would require the licensee to update the same document within 6 months 
after a refueling outage for either unit at each site, a more 
burdensome requirement than intended by the regulation.
    Therefore, the NRC staff concludes that, pursuant to 10 CFR 
50.12(a)(2)(ii), special circumstances are present.

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 NMC an exemption from the 
requirements of 10 CFR 50.71(e)(4) to submit updates to the PBNP FSAR 
and PINGP FSAR annually or within 6 months of each unit's refueling 
outage. The licensee will be required to submit updates of the PBNP and 
PINGP updated FSARs once per fuel cycle, within 6 months following 
completion of each PBNP, Unit 1, refueling outage and within 6 months 
of each PINGP, Unit 2, refueling outage, respectively, not to exceed 24 
months from the last submittal for either site.
    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 (71 FR 28889).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd day of May 2006.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. E6-8262 Filed 5-26-06; 8:45 am]
BILLING CODE 7590-01-P