[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62502-62503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25387]
[[Page 62502]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237, 50-249, 50-254, and 50-265]
Exelon Generation Company, LLC, Dresden Nuclear Power Station,
Units 2 and 3, Quad Cities Nuclear Power Station, Units 1 and 2;
Exemption
1.0 Background
The Exelon Generation Company, LLC (the licensee) is the holder of
Facility Operating License Nos. DPR-19 and DPR-25, which authorize
operation of the Dresden Nuclear Power Station, Units 2 and 3
(Dresden), and Facility Operating License Nos. DPR-29 and DPR-30, which
authorize operation of the Quad Cities Nuclear Power Station, Units 1
and 2 (Quad Cities). The license provides, among other things, that the
facility is subject to all rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in
effect.
The Dresden facility consists of two boiling-water reactors located
in Grundy County, Illinois, and the Quad Cities facility consists of
two boiling-water reactors located in Rock Island County, Illinois.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), part 50,
section 50.71, paragraph (e)(4) requires that subsequent revisions to
the Updated Final Safety Analysis Report (UFSAR) be submitted
periodically to the NRC provided that the interval between successive
updates does not exceed 24 months. The Dresden and Quad Cities UFSAR
revisions are currently submitted on a 24-month cycle. The next
scheduled date for submittal of the revised UFSAR for Dresden is June
30, 2003, and for Quad Cities is October 20, 2003. The licensee
proposes to submit revised UFSARs along with Operating License Renewal
Applications (LRAs) for Dresden and Quad Cities in January 2003, and to
resume the established schedule for submittal of UFSAR revisions for
Dresden on June 30, 2005, and for Quad Cities on October 20, 2005. An
exemption is required because 10 CFR 50.71(e)(4) requires that
subsequent revisions to the UFSAR be submitted periodically to the NRC
provided that the interval between successive updates does not exceed
24 months.
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. These circumstances include
the special circumstances that compliance would result in undue
hardship or other costs that are significantly in excess of those
contemplated when the regulation was adopted, or that are significantly
in excess of those incurred by others similarly situated.
The underlying purpose of the regulation is to ensure the UFSAR
contains the latest information and analyses submitted to the NRC by
the licensee or prepared by the licensee pursuant to NRC requirement
since the submittal of the original final safety analysis report, or,
as appropriate, since the last update to the final safety analysis
report submitted under 10 CFR 50.71(e).
The staff examined the licensee's rationale to support the
exemption request and concluded that granting it would meet the
underlying purpose of 10 CFR part 50. Consistent with previous
applicants and in order to facilitate the review of LRAs for Dresden
and Quad Cities, the licensee plans to submit revised copies of each
station's UFSAR along with the LRAs in January 2003. Submitting the
revised UFSARs with the LRAs in January 2003 will result in submittal
of the revisions for Dresden and Quad Cities earlier than their normal
due dates. Revised UFSARs are necessary to facilitate NRC review of the
LRAs due to numerous changes approved for the stations since the last
revisions, including modifications due to extended power uprates, fuel
type changes, and numerous other license amendments. A revised UFSAR is
an integral element of the technical resources used by the NRC for the
review of an LRA. The licensee maintains the UFSARs current with
controlled and approved procedures which track and account for all
changes for subsequent incorporation. The licensee UFSAR control
process ensures that the UFSARs are maintained as required by NRC
regulations. The proposed action only alters the schedule for submittal
of the UFSAR revisions on a one-time basis. The requested exemption
will only provide temporary relief from the applicable regulation and
does not jeopardize the health and safety of the public. The licensee
plans to resume the established schedule for submittal of the UFSAR
revisions in 2005 for both stations. Also, the licensee plans to submit
all other documents incorporated by reference in the UFSARs on the
regularly scheduled dates in 2003.
10 CFR 50.12(a)(2)(iii) requires that special circumstances are
present whenever compliance would result in undue hardship or other
costs that are significantly in excess of those contemplated when the
regulation was adopted, or that are significantly in excess of those
incurred by others similarly situated. If the exemption is not granted,
the licensee will have to prepare multiple UFSAR revision submittals
within a ten-month period. Resetting the schedule for UFSAR update
submittals to every other year in January would also result in undue
hardship due to the scheduling of resources towards the end and
beginning of the year. The staff finds that the licensee merits the
required special circumstances under 10 CFR 50.12(a)(2)(iii).
Therefore, the staff concludes that pursuant to 10 CFR 50.12(a)(2),
a one-time exemption is authorized from the requirements of 10 CFR
50.71(e)(4) to allow extension of the submittal of revisions to the
Dresden and Quad Cities UFSARs until June 30, 2005, and October 20,
2005, respectively.
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 Exelon Generation Company, LLC
a one-time exemption for Dresden and Quad Cities from the requirement
of 10 CFR 50.71(e)(4) that subsequent revisions to the UFSAR be
submitted periodically to the NRC provided that the interval between
successive updates does not exceed 24 months. The exemption is granted
based upon the licensee's intention to submit updated UFSARs along with
LRAs in January 2003, as stated in the letter from K. Jury (licensee)
to NRC Document Control Desk, ``Request for Schedular Exemption for
Biennial Submittal of Revised Updated Safety Analysis Reports (UFSARs)
to Support Operating License Renewal Application,'' dated August 9,
2002.
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 (67 FR 59580).
[[Page 62503]]
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 2nd day of October 2002.
For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear
Reactor Regulation.
[FR Doc. 02-25387 Filed 10-4-02; 8:45 am]
BILLING CODE 7590-01-P