ML022350211

Exemption from the Requirements of 10 CFR 50.719(e)(4)

ML022350211
Person / Time
Site:	Dresden, Quad Cities
Issue date:	10/02/2002
From:	Lyon C NRC/NRR/DLPM/LPD3
To:	Skolds J Exelon Generation Co, Exelon Nuclear
References
TAC MB5864, TAC MB5865, TAC MB5866, TAC MB5867
Download: ML022350211 (9)

Text

October 2, 2002 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3, AND QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 -

EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.71(e)(4)

(TAC NOS. MB5864, MB5865, MB5866, AND MB5867)

Dear Mr. Skolds:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Section 50.71(e)(4), for the Dresden Nuclear Power Station, Units 2 and 3, and the Quad Cities Nuclear Power Station, Units 1 and 2. This action is in response to your letter of August 9, 2002.

A copy of the exemption has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265

Enclosure:

Exemption cc w/enclosure: See next page

Dresden, Units 2 and 3 Quad Cities, Units 1 and 2 cc:

Site Vice President - Dresden Nuclear Power Station William D. Leech Exelon Generation Company, LLC Manager - Nuclear 6500 N. Dresden Road MidAmerican Energy Company Morris, IL 60450-9765 P.O. Box 657 Des Moines, IA 50303 Dresden Nuclear Power Station Plant Manager Exelon Generation Company, LLC Vice President - Law and 6500 N. Dresden Road Regulatory Affairs Morris, IL 60450-9765 MidAmerican Energy Company One River Center Place Regulatory Assurance Manager - Dresden 106 E. Second Street Exelon Generation Company, LLC P.O. Box 4350 6500 N. Dresden Road Davenport, IA 52808 Morris, IL 60450-9765 Chairman Dresden Resident Inspectors Office Rock Island County Board U.S. Nuclear Regulatory Commission of Supervisors 6500 N. Dresden Road 1504 3rd Avenue Morris, IL 60450-9766 Rock Island County Office Bldg.

Rock Island, IL 61201 Chairman Grundy County Board Regional Administrator Administration Building U.S. NRC, Region III 1320 Union Street 801 Warrenville Road Morris, IL 60450 Lisle, IL 60532-4351 Site Vice President - Quad Cities Nuclear Power Sta. Illinois Department of Nuclear Safety Exelon Generation Company, LLC Office of Nuclear Facility Safety 22710 206th Avenue N. 1035 Outer Park Drive Cordova, IL 61242-9740 Springfield, IL 62704 Quad Cities Nuclear Power Station Plant Manager Document Control Desk-Licensing Exelon Generation Company, LLC Exelon Generation Company, LLC 22710 206th Avenue N. 4300 Winfield Road Cordova, IL 61242-9740 Warrenville, IL 60555 Regulatory Assurance Manager - Quad Cities Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Quad Cities Resident Inspectors Office U.S. Nuclear Regulatory Commission 22712 206th Avenue N.

Cordova, IL 61242

Dresden, Units 2 and 3 Quad Cities, Units 1 and 2 Senior Vice President - Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President Mid-West Operations Support Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Director - Licensing Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Counsel, Nuclear Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Dresden and Quad Cities Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

October 2, 2002 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3, AND QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 -

EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.71(e)(4)

(TAC NOS. MB5864, MB5865, MB5866, AND MB5867)

Dear Mr. Skolds :

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Section 50.71(e)(4), for the Dresden Nuclear Power Station, Units 2 and 3, and the Quad Cities Nuclear Power Station, Units 1 and 2. This action is in response to your letter of August 9, 2002.

A copy of the exemption has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265

Enclosure:

Exemption cc w/enclosure: See next page Distribution:

PUBLIC OGC, O15B18 PD3-2 r/f ACRS, T2E26 C. Rosenberg A. Mendiola M. Ring, RIII F. Lyon JZwolinski/LMarsh ADAMS Accession Number: ML022350211 OFFICE PM:LPD3-2 LA:LPD3-2 OGC SC:LPD3-2 D:PDIII D:DLPM NAME FLyon CRosenberg LRaghavan for: SBajwa JZwolinski AMendiola DATE 09/03/02 08/29/02 09/12/02 09/23/02 09/26/02 10/01/02 OFFICIAL RECORD COPY

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EXELON GENERATION COMPANY, LLC DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3 QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 DOCKET NOS. 50-237, 50-249, 50-254, and 50-265 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 licensees 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 stations 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 licensees 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).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 2nd day of October 2002.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation