[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Pages 44245-44246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21054]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-259]


Tennessee Valley Authority; (Browns Ferry Nuclear Plant Unit 1); 
Exemption

I.

    The Tennessee Valley Authority (TVA or the licensee) is the holder 
of Facility Operating License No. DPR-33 for operation of the Browns 
Ferry Nuclear Plant (BFN) Unit 1. The license provides, among other 
things, that the licensee is subject to all rules, regulations, and 
orders of the US Nuclear Regulatory Commission (Commission or NRC) now 
or hereafter in effect.
    BFN is a boiling-water reactor located in Limestone County, 
Alabama.

II.

    By letter dated February 2, 1999, TVA submitted a request for 
exemption from certain requirements in Title 10 of the Code of Federal 
Regulations (10 CFR). 10 CFR 50.65(a)(1) requires, in part, that 
holders of operating licenses granted under 10 CFR 50.21(b) or 10 CFR 
50.22 shall monitor the performance or condition of structures, 
systems, or components (SSCs) against licensee-established goals to 
provide reasonable assurance that such SSCs as defined in paragraph (b) 
are capable of fulfilling their intended functions. Such goals shall be 
established commensurate with safety and, where practical, take into 
account industry-wide operating experience. When the performance or 
condition of a structure, system, or component does not meet 
established goals, appropriate corrective action shall be taken. 
Additionally, paragraph (b) of the rule, states that, ``The scope of 
the monitoring program specified in paragraph (a)(1) of this section 
shall include safety related and non-safety related structures, 
systems, and components as follows:
    ``(1) Safety related structures, systems, and components that are 
relied upon to remain functional during and following design basis 
events to ensure the integrity of the reactor coolant pressure 
boundary, the capability to shut down the reactor and maintain it in a 
safe shutdown condition, or the capability to prevent or mitigate the 
consequences of accidents that could result in potential offsite 
exposure comparable to the guidelines in (subsection) 50.34(a)(1) or 
(subsection) 100.11 of this chapter, as applicable.''
    ``(2) Non-safety related structures, systems, or components: (i) 
That are relied upon to mitigate accidents or transients or are used in 
plant emergency operating procedures (EOPs); or (ii) Whose failure 
could prevent safety related structures, systems, or components from 
fulfilling their safety related function; or (iii) Whose failure could 
cause a reactor scram or actuation of a safety related system.''

III.

    Section 50.12(a) of 10 CFR, ``Specific exemptions,'' states that:

    The Commission may, upon application by any interested person, 
or upon its own initiative, grant exemptions from the requirements 
of the regulations of this part, which are (1) Authorized by law, 
will not present an undue risk to the public health and safety, and 
are consistent with the common defense and security. (2) The 
Commission will not consider granting an exemption unless special 
circumstances are present.

    Section 50.12(a)(2)(ii) of 10 CFR states that special circumstances 
are present when ``Application 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. . . .''

[[Page 44246]]

The licensee's request for exemption under the special circumstances of 
10 CFR 50.12(a)(2)(ii) was found to be appropriate. Application of the 
regulation is not necessary to achieve the underlying purpose of the 
rule for the reasons stated in the staff Safety Evaluation, dated 
August 9, 1999.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant effect on the 
quality of the human environment (64 FR 43228).

    This exemption is effective upon issuance.

    Dated at Rockville, MD, this 9th day of August 1999.

    For the Nuclear Regulatory Commission.
Suzanne C. Black,
Deputy Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 99-21054 Filed 8-12-99; 8:45 am]
BILLING CODE 7590-01-P