ML041340673

Exemption, Requirements of 10 CFR 50.71(e)(4), Regarding Updated Final Safety Analysis Report (UFSAR)

ML041340673
Person / Time
Site:	Oyster Creek
Issue date:	07/07/2004
From:	Tam P NRC/NRR/DLPM/LPD1
To:	Crane C AmerGen Energy Co
Tam P, NRR/DLPM, 415-1451
References
TAC MC2443
Download: ML041340673 (8)

Text

July 7, 2004 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - EXEMPTIONS FROM THE REQUIREMENTS OF 10 CFR 50.71(e)(4), REGARDING UPDATED FINAL SAFETY ANALYSIS REPORT (UFSAR) (TAC NO. MC2443)

Dear Mr. Crane:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations, Part 50, Subsection 71(e)(4) for Oyster Creek Nuclear Generating Station. This action is in response to a letter from Mr. M. P. Gallagher, Director, Licensing and Regulatory Affairs, AmerGen Energy Company, LLC, dated March 26, 2004, that requested exemptions. The Nuclear Regulatory Commission staff reviewed the application and has granted these exemptions. Specifically, AmerGen is granted a one-time exemption to delay the next UFSAR update to 30 months after the last update, instead of the 24 months allowed by the regulation, to October 25, 2005, and a permanent exemption to submit all future UFSAR updates up to 12 months after completion of a refueling outage, instead of the 6 months allowed by the regulation.

A copy of the Exemption is enclosed and is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219

Enclosure:

Exemption cc w/encl: See next page

July 7, 2004 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - EXEMPTIONS FROM THE REQUIREMENTS OF 10 CFR 50.71(e)(4), REGARDING UPDATED FINAL SAFETY ANALYSIS REPORT (UFSAR) (TAC NO. MC2443)

Dear Mr. Crane:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations, Part 50, Subsection 71(e)(4) for Oyster Creek Nuclear Generating Station. This action is in response to a letter from Mr. M. P. Gallagher, Director, Licensing and Regulatory Affairs, AmerGen Energy Company, LLC, dated March 26, 2004, that requested exemptions. The Nuclear Regulatory Commission staff reviewed the application and has granted these exemptions. Specifically, AmerGen is granted a one-time exemption to delay the next UFSAR update to 30 months after the last update, instead of the 24 months allowed by the regulation, to October 25, 2005, and a permanent exemption to submit all future UFSAR updates up to 12 months after completion of a refueling outage, instead of the 6 months allowed by the regulation.

A copy of the Exemption is enclosed and is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219

Enclosure:

Exemption cc w/encl: See next page DISTRIBUTION PUBLIC PD1-1 R/F CHolden RLaufer PTam JJolicoeur SLittle OGC ACRS GHill (2) DLPM DPR Adams Accession No. ML041340673 OFFICE PDI-1/PM PDI-1/LA OGC PDI-1/SC PDI/D DLPM/D NAME PTam SLittle GLongo RLaufer CHolden LMarsh DATE 5/20/04 5/20/04 5/27/04 6/15/04 6/23/04 6/30/04 OFFICIAL RECORD COPY

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AMERGEN ENERGY COMPANY, LLC OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219 EXEMPTION

1.0 BACKGROUND

AmerGen Energy Company, LLC (the licensee), is the holder of Facility Operating License No. DPR-16, which authorizes operation of the Oyster Creek Nuclear Generating Station (OCNGS), a boiling-water reactor facility, located in Ocean County, New Jersey. 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.

2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Paragraph 50.71(e)(4) requires that licensees provide the NRC with updates to the Updated Final Safety Analysis Report (UFSAR) annually or 6 months after each refueling outage provided the interval between successive updates does not exceed 24 months. The revisions must reflect changes up to 6 months prior to the date of filing. This regulation would require the licensee to submit the next OCNGS UFSAR update by April 25, 2005, which is 24 months after the most recent update (April 25, 2003).

By letter dated March 26, 2004, the licensee requested a one-time schedular exemption from the requirements of 10 CFR 50.71(e)(4), extending the filing date by approximately 6

months. This one-time schedular exemption would thus extend the 24-month interval between the last and next filing to be 30 months. Since the licensee last submitted an update on April 25, 2003, this proposed one-time, 6-month extension would permit the next update to be as late as October 25, 2005. The requirement to reflect changes up to 6 months prior to the date of filing is unaffected by this exemption, and would still apply.

The licensee also requested a permanent schedular exemption to allow filing of all future UFSAR updates up to 12 months, instead of 6 months, after completion of a refueling outage.

Thus, accordingly to the licensees current refueling schedule, this would permit the licensee to file future updates in the fall of odd-numbered years.

3.0 DISCUSSION In its March 26, 2004, application, the licensee stated that following the schedular requirements of 10 CFR 50.72(e)(4) literally means that the licensee has to file both OCNGS and Peach Bottom Atomic Power Station (PBAPS, owned by the licensees parent company, Exelon) UFSAR updates in the same time frame (i.e., spring) of odd-numbered years. Such filing schedule for both OCNGS and PBAPS constitutes a hardship for the licensee and its parent company Exelon; additional temporary resources would have to be employed in order to simultaneously prepare both OCNGS and PBAPS updates. Such additional resource expenditure does not contribute to increased nuclear safety.

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. Section 50.12(a)(2)(iii) of 10 CFR Part 50 indicates that special circumstances exist when compliance with a regulation would result in undue hardship significantly in excess of those contemplated when the regulation was adopted, or that are

significantly in excess of those incurred by others similarly situated. In the licensees case, a special circumstance exists because of the hardship described above, and the special circumstance requirement of Section 50.12(a)(2)(iii) of 10 CFR Part 50 is satisfied.

The requested schedular exemptions are administrative and would not affect plant equipment, operation, or procedures. The UFSAR is simply a repository document that contains the analysis, assumptions, and technical details of facility design and operating parameters. Until the UFSAR is updated, the recent design and operational changes are documented in the licensees safety analysis reports, and in the Commissions Safety Evaluations for changes requiring prior approval. Changes to a facility or its operation are effected through processes defined in regulations other than 10 CFR 50.71, such as, 10 CFR 50.90, 10 CFR 50.59, and 10 CFR 50.54. These regulations provide the basis for evaluating proposed changes and ensuring that the changes will not present an undue risk to the public health and safety, and are consistent with the common defense and security. The UFSAR, and its periodic updates, only reflect changes that have already been implemented under various processes prescribed by other NRC regulations such as those cited above. Consequently, extending the due date for the filing of UFSAR updates does not present an undue risk to the public health and safety.

4.0 CONCLUSION

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), the exemptions are authorized by law, will not endanger life or property or common defense and security, and are, otherwise, in the public interest. Therefore, the Commission hereby grants the licensee exemptions from the requirements of 10 CFR Part 50, Paragraph 50.71(e)(4) for OCNGS. Specifically, the licensee is granted a one-time exemption to delay the next UFSAR update to 30 months after the last update, instead of the 24 months allowed by the regulation, to October 25, 2005, and a permanent exemption to file all future UFSAR updates up to 12

months after completion of a refueling outage, instead of the 6 months allowed by the regulation.

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 (69 FR 40989).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 9th day of July, 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation

Oyster Creek Nuclear Generating Station cc:

Chief Operating Officer H. J. Miller AmerGen Energy Company, LLC Regional Administrator, Region I 4300 Winfield Road U.S. Nuclear Regulatory Commission Warrenville, IL 60555 475 Allendale Road King of Prussia, PA 19406-1415 Senior Vice President - Nuclear Services AmerGen Energy Company, LLC Mayor of Lacey Township 4300 Winfield Road 818 West Lacey Road Warrenville, IL 60555 Forked River, NJ 08731 Site Vice President - Oyster Creek Senior Resident Inspector Generating Station U.S. Nuclear Regulatory Commission AmerGen Energy Company, LLC P.O. Box 445 P.O. Box 388 Forked River, NJ 08731 Forked River, NJ 08731 Director Licensing Vice President - Mid-Atlantic AmerGen Energy Company, LLC Operations Nuclear Group Headquarters AmerGen Energy Company, LLC P.O. Box 160 4300 Winfield Road Kennett Square, PA 19348 Warrenville, IL 60555 Manager Licensing - Oyster Creek and John E. Matthews, Esquire Three Mile Island Morgan, Lewis, & Bockius LLP AmerGen Energy Company, LLC 1111 Pennsylvania Avenue, NW Nuclear Group Headquarters Washington, DC 20004 Correspondence Control P.O. Box 160 Kent Tosch, Chief Kennett Square, PA 19348 New Jersey Department of Environmental Protection Oyster Creek Generating Station Plant Bureau of Nuclear Engineering Manager CN 415 AmerGen Energy Company, LLC Trenton, NJ 08625 P.O. Box 388 Forked River, NJ 08731 Vice President - Licensing and Regulatory Affairs Regulatory Assurance Manager Exelon Generation Company, LLC Oyster Creek 4300 Winfield Road AmerGen Energy Company, LLC Warrenville, IL 60555 P.O. Box 388 Forked River, NJ 08731 Vice President - Operations Support AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

Oyster Creek Nuclear Generating Station cc:

Vice President, General Counsel and Secretary AmerGen Energy Company, LLC 2301 Market Street, S23-1 Philadelphia, PA 19101 Pete Eselgroth, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348