[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