[Federal Register: July 7, 1998 (Volume 63, Number 129)]
[Notices]               
[Page 36719-36720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy98-110]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304]

 
Commonwealth Edison Company; (Zion Nuclear Power Station, Units 1 
and 2); Exemption

I

    Commonwealth Edison Company (ComEd, the licensee) is the holder of 
Facility Operating License Nos. DPR-39 and DPR-48, which authorize 
operation of the Zion Nuclear Power Station, Units 1 and 2. The 
licenses provide, among other things, that the licensee is subject to 
all rules, regulations, and orders of the Commission now or hereafter 
in effect.

II

    In its letter dated March 12, 1998, ComEd requested an exemption 
from the Commission's regulations. Pursuant to 10 CFR 50.34(b), each 
application for a license to operate a facility shall include a Final 
Safety Analysis Report (FSAR). This report shall include information 
that describes the facility, presents the design bases and the limits 
on its operation and presents a safety analysis of the structure, 
systems and components of the facility.
    Title 10 of the Code of Federal Regulations, Part 50, Section 71 
(10 CFR 50.71), ``Maintenance of records, making of reports,'' states 
that all light-water nuclear power reactors shall update their FSAR 
periodically. Pursuant to 10 CFR 50.71(e)(4), the time interval for the 
subsequent FSAR updates must not exceed 24 months. The last full update 
of the Zion FSAR was submitted to the NRC on July 5, 1996. 
Consequently, the next update would be required to be submitted no 
later than July 1998. However, ComEd is requesting an exemption from 
this requirement to allow them to update the FSAR to reflect the 
present condition of the units.
    By letters dated February 13, 1998, and March 9, 1998, ComEd 
informed the NRC that Zion Nuclear Power Station, Units 1 and 2, have 
permanently ceased operations and both units are completely defueled 
and all fuel has been placed in the spent fuel pool for long-term 
storage. By letter dated May 4, 1998, the NRC acknowledged Zion's 
permanent cessation of power operation and permanent removal of fuel 
from the reactor vessels.
    Many of the systems and components previously required for safety 
are no longer needed because the Zion units are permanently shut down. 
Therefore, updating the current FSAR will provide

[[Page 36720]]

a description of components and systems that are no longer relevant to 
safety. Instead ComEd has proposed and committed to prepare and submit 
an update to the FSAR reflecting the permanently defueled condition of 
Zion, Units 1 and 2, by December 31, 1998. This update will become 
Zion's Defueled Safety Analysis Report (DSAR).
    Because ComEd's board decision on January 14, 1998, to shut down 
Zion was unexpected, ComEd staff did not have adequate time to develop 
the DSAR. Therefore, ComEd is requesting an extension of the update 
interval to allow sufficient time to develop and submit the DSAR. In 
their letter dated March 12, 1998, ComEd stated that many of the 
technical, administrative, and management resources needed to develop a 
DSAR are the same as those that would be involved in updating the FSAR. 
Consequently, updating the current FSAR by July 1998, would result 
either in a delay in developing a DSAR or in the expenditure of 
significant additional resources to develop a DSAR while preparing an 
FSAR update submittal in parallel.

III

    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 (1) when 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. Special circumstances are 
present whenever, according to 10 CFR 50.12(a)(2)(ii), ``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. * * *''
    The underlying purpose of 10 CFR 50.71 is to provide updated 
information and descriptions which are needed to permit understanding 
of the system designs and their relationships to safety evaluations. 
The last update to the Zion FSAR was submitted on July 5, 1996. 
Therefore, the next update is due no later than July 1998. However, 
because ComEd has permanently ceased operation of the Zion Nuclear 
Power Station, Units 1 and 2, many of the systems and components that 
were previously required for the safe operation of the plants are no 
longer needed. Therefore, by updating the current FSAR, ComEd would be 
providing information on equipment and systems that are no longer 
relevant to the safety of the plant. ComEd has committed to providing 
Zion's DSAR by December 1998. This DSAR update will meet the underlying 
purpose of the rule in which the status of equipment and systems 
relevant to a non-operating plant will be provided to NRC and docketed. 
Furthermore, this exemption will have no impact on the ability of 
structures, systems, and components to perform the safety functions 
required with the plant permanently shut down and defueled.

IV

    For the foregoing reasons, the NRC staff has concluded that the 
licensee's proposed use of the alternate date for submittal of the DSAR 
will not present an undue risk to public health and safety and is 
consistent with the common defense and security. The NRC staff has 
determined that there are special circumstances present, as specified 
in 10 CFR 50.12(a)(2)(ii), in that the DSAR will provide the required 
information relevant to the current status of the plant.
    Accordingly, the Commission has determined that pursuant to 10 CFR 
50.12(a), an exemption is authorized by law, will not endanger life or 
property or the common defense and security and is, otherwise, in the 
public interest. Therefore, the Commission hereby grants an exemption 
from the requirements of 10 CFR 50.71(e)(4) in that ComEd may extend 
its Updated Final Safety Analysis Report submittal date from July 1998 
to December 31, 1998.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting this exemption will not have a significant effect on the 
quality of the human environment (63 FR 35294).
    This exemption is effective upon issuance.

    Dated at Rockville, MD, this 30th day of June 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-17921 Filed 7-6-98; 8:45 am]
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