[Federal Register: July 15, 1999 (Volume 64, Number 135)]
[Notices]               
[Page 38219-38220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy99-96]                         

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-528, STN 50-529 and STN 50-530]

 
Arizona Public Service Company, (Palo Verde Nuclear Generating 
Station, Unit Nos. 1, 2, and 3); Exemption

I

    Arizona Public Service Company (the licensee) is the holder of 
Facility Operating License Nos. NPF-41, NPF-51, and NPF-74, which 
authorize operation of Palo Verde Nuclear Generating Station (Palo 
Verde), Unit Nos. 1, 2, and 3. 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.
    These facilities consist of three pressurized water reactors 
located at the licensee's site in Maricopa County, Arizona.

II

    Section 50.71 of Title 10 of the Code of Federal Regulations (10 
CFR), ``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 the interval between successive 
updates [to the FSAR] does not exceed 24 months.'' The three Palo Verde 
units share a common UFSAR; therefore, this rule requires the licensee 
to update the same document annually or within 6 months after a 
refueling outage for each unit.

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....'' The 
underlying purpose of the rule was to relieve licensees of the burden 
of filing annual FSAR revisions while assuring that such revisions are 
made at least every 24 months. The Commission reduced the burden, in 
part, by permitting a licensee to submit its FSAR revisions 6 months 
after refueling outages for its facility; but the rule did not provide 
for multiple unit facilities sharing a common FSAR. Rather, the 
Commission stated that ``With respect to...multiple facilities sharing 
a common FSAR, licensees will have maximum flexibility for scheduling 
updates on a case by case basis'' (57 FR 39355 (1992)).
    By letter dated June 9, 1998, as supplemented December 21, 1998, 
the licensee requested an exemption from the requirements of 10 CFR 
50.71(e)(4) to allow revisions to the UFSAR, changes to the quality 
assurance program made in accordance with 10 CFR 50.54(a)(3), and 
reports of changes, tests, and experiments made in accordance with 10 
CFR 50.59(b)(2) to be submitted to the Commission on a 24-month 
periodicity.
    As noted in the staff's safety evaluation, the licensee's proposed 
schedule for UFSAR updates will ensure that the Palo Verde UFSAR and 
quality assurance program 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). Revising the UFSAR annually or 6 months after refueling 
outages for each unit, therefore, is not necessary to achieve the 
underlying purpose of the rule.
    Accordingly, the Commission has determined that special 
circumstances

[[Page 38220]]

are present as defined in 10 CFR 50.12(a)(2)(ii).

IV

    The Commission has determined that, pursuant to 10 CFR 50.12, 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, and is otherwise in the public interest. Therefore, the 
Commission hereby grants Arizona Public Service Company an exemption 
from the requirement of 10 CFR 50.71(e)(4) to submit updates to the 
Palo Verde UFSAR annually or within 6 months of each unit's refueling 
outage. The licensee will be required to submit updates to the Palo 
Verde UFSAR, the quality assurance program, and the 10 CFR 50.59 safety 
evaluation summary reports to the NRC no later than 24 months from the 
previous revision.
    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 (64 FR 36410).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 8th day of July 1999.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing and Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 99-18057 Filed 7-14-99; 8:45 am]
BILLING CODE 7590-01-P