[Federal Register: July 13, 1998 (Volume 63, Number 133)]
[Notices]               
[Page 37597-37598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy98-134]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 and 50-364]

 
Southern Nuclear Operating Company, Inc., et al. (Joseph M. 
Farley Nuclear Plant, Units 1 and 2); exemption

I

    Southern Nuclear Operating Company, Inc., et al. (the licensee) is 
the holder of Facility Operating License Nos. NPF-2 and NPF-8, for the 
Joseph M. Farley Nuclear Plant (FNP), Units 1 and 2, respectively. 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.
    The FNP facility consists of two pressurized-water reactors located 
at the licensee's site in Houston County, Alabama.

II

    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, that ``Subsequent revisions [to the Updated Final 
Safety Analysis Report (UFSAR)] must be filed annually or 6 months 
after each refueling outage provided that the interval between 
successive updates [to the UFSAR] does not exceed 24 months.'' The FNP, 
Units 1 and 2, share a common UFSAR; therefore, this rule requires the 
licensee to update the same document within 6 months after a refueling 
outage for either unit. By letter dated January 19, 1998, the licensee 
requested an exemption from the requirements of 10 CFR 50.71(e)(4).

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 * * *.'' As 
noted in the staff's supporting Safety Evaluation, the licensee's 
proposed schedule for UFSAR updates will ensure that the FNP UFSAR will 
be maintained current within 24 months of the last revision and the 
interval for submission of the 10 CFR 50.59 design change report will 
not exceed 24 months. The proposed schedule fits within the 24-month 
duration specified by 10 CFR 50.71(e)(4). 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; a more 
burdensome requirement than intended. Accordingly, the Commission has 
determined that special circumstances are present as defined in 10 CFR 
50.12(a)(2)(ii). The Commission has further determined that, pursuant 
to 10 CFR 50.12, 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. The Commission hereby grants the licensee 
an exemption from the requirements of 10 CFR 50.71(e)(4). The licensee 
will be required to submit updates to the FNP UFSAR within 6 months 
after the Unit 1 refueling outage. With the current length of fuel 
cycles, UFSAR updates would be submitted

[[Page 37598]]

every 18 months, but not to exceed 24 months from the last submittal.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant effect on the 
quality of the human environment (63 FR 35985 dated July 1, 1998).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 7th day of July 1998.

For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-18548 Filed 7-10-98; 8:45 am]
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