[Federal Register: May 13, 1999 (Volume 64, Number 92)]
[Notices]               
[Page 25927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my99-105]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250 and 50-251]

 
Florida Power and Light Company, Turkey Point Units 3 and 4); 
Exemption

I

    Florida Power and Light Company (the licensee) is the holder of 
Facility Operating Licenses Nos. DPR-31 and DPR-41, which authorize 
operation of Turkey Point Units 3 and 4 (the facility), respectively, 
at a steady-state reactor power level not in excess of 2300 megawatts 
thermal. The facility is a pressurized-water reactor located at the 
licensee's site in Dade County, Florida. The licenses require among 
other things that the facility comply with all rules, regulations, and 
orders of the U.S. Nuclear Regulatory Commission (the Commission or 
NRC) now or hereafter in effect.

II

    In exemptions dated March 27, 1984, and August 12, 1987, concerning 
the requirements of Section III.G, Appendix R to 10 CFR part 50, the 
staff approved the use of 1-hour-rated fire barriers in lieu of 3-hour 
barriers in certain outdoor areas at Turkey Point Units 3 and 4. In 
addition, the staff found that, for certain outdoor areas not protected 
by automatic fire detection and suppression systems, separation of 
cables and equipment and associated non-safety-related circuits of 
redundant trains by a horizontal distance of 20 feet free of 
intervening combustibles provided an acceptable level of fire safety.
    On the basis of the results of the industry's Thermo-Lag fire 
endurance testing program, the licensee concluded that the outdoor 
Thermo-Lag fire barrier designs cannot achieve a 1-hour fire-resistive 
rating but can achieve a 30-minute fire-resistive rating when exposed 
to a test fire that follows the American Society for Testing and 
Materials E-119 standard time-temperature curve. Because of these test 
results, the licensee in a letter dated June 15, 1994, requested an 
exemption to use 30-minute fire barriers for outdoor applications in 
lieu of the 1-hour fire barriers previously approved; however, the 
exemption request was withdrawn by letter dated June 28, 1996.
    In a letter dated December 12, 1996, the licensee requested an 
exemption from the requirements pertaining to the 3-hour fire barriers 
required by Section III.G.2.a, Appendix R to 10 CFR part 50, for the 
outdoor areas, excluding the turbine building area. The licensee 
requested that the NRC approve the use of 25-minute raceway fire 
barriers for these outdoor applications in lieu of the 1-hour fire 
barriers that were previously approved (refer to safety evaluations 
dated March 27, 1984, and August 12, 1987).
    By letter dated February 24, 1998, the NRC staff denied the 
licensee's request for exemption for fire zone 106R, the control 
building roof, based on the uncertainty of the roof's combustibility 
and fire classification. During a site visit, on September 14, 1998, 
the licensee informed the NRC staff that it had obtained additional 
information to support that the control building roofing composite was 
an equivalent Class A construction per American National Standard/
Underwriters Laboratories, Inc. No. 790, ``Tests for Fire Resistance of 
Roof Covering Materials, Seventh Edition.'' Subsequently, by letters 
dated November 2, 1998, and February 11, 1999, the licensee submitted 
additional information for staff review regarding the classification of 
the fire zone 106R roof construction.

III

    The underlying purpose of Section III.G.2.a, Appendix R to 10 CFR 
Part 50, is to provide reasonable assurance that at least one means of 
achieving and maintaining safe shutdown conditions will remain 
available during and after any postulated fire in the plant.
    On the basis of the staff's supporting safety evaluation of the 
licensee's submittals, the staff concludes that the exemption from the 
requirements of Section III.G.2.a of Appendix R, for fire zone 106R as 
requested by the licensee, provides an adequate level of fire safety, 
and presents no undue risk to public health and safety. In addition, 
the staff concludes the underlying purpose of the rule is achieved.

IV

    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 public health and safety, and is consistent with the common 
defense and security. In addition, the Commission has determined that 
special circumstances are present in that application of the regulation 
in the particular circumstances here is not necessary to achieve the 
underlying purpose of the rule. Therefore, the Commission hereby grants 
Florida Power and Light Company an exemption from the requirements of 
Section III.G.2.a of Appendix R to 10 CFR part 50, as requested in its 
above-referenced submittals, for fire zone 106R.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting this exemption for fire zone 106R will not have a significant 
effect on the quality of the human environment (64 FR 14276).
    This exemption is effective upon issuance.

    Dated at Rockville, Md., this 4th day of May 1999.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 99-12137 Filed 5-12-99; 8:45 am]
BILLING CODE 7590-01-P