ML17158C153
| ML17158C153 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/09/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | PENNSYLVANIA POWER & LIGHT CO. |
| Shared Package | |
| ML17158C154 | List: |
| References | |
| NUDOCS 9705160121 | |
| Download: ML17158C153 (7) | |
Text
0 7590-01-P UNIT STAT S OF AMERIC UCLEAR R GULATORY COMMISSION In the Matter of PENNSYLVANIA POMER 5 LIGHT COMPANY Susquehanna Steam Electric Station, Units 1 and 2
Docket Nos. 50-387 and 50-388 gXEHP~IO The Pennsylvania Power 8 Light Company (PP8L, the licensee) is the holder of Facility Operating License Nos.
NPF-14 and NPF-22, which authorize operation of the Susquehanna Steam Electric Station (SSES),
Units 1 and 2.
The license p} ovides, among other things, that the licensee is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (the Commission) now or hereafter in effect.
These facilities consist of two boiling water reactors located at the licensee's site in Luzerne County, Pennsylvania.
II.
Part 50 of Title 10 of the Code o
Federal e ulations (10 CFR) 10 CFR
'I 50.71, "Maintenance of records, making of reports,"
paragraph (e)(4) states, in part, that "Subsequent revisions [to the Final Safety Analysis Report (FSAR)] 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.two SSES units share a
common FSAR; therefore, this rule requires the licensee to update the same document within 6 months after a
refueling outage for either unit.
9705160121 970509 PDR ADOCK 05000387 P,
I It is stated in 10 CFR 50.12(a),
"Specific exemptions," 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,. wh'ich 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."
In 10 CFR 50.12(a)(2)(ii), it is further stated that special circumstances are present when "Application of the 7
regulation in the particular circumstances would not serve the underlying-purpose of the rule or is not necessary to achieve the unde} lying purpose of the rule."
IV.
It is required in 10 CFR 50.71(e)(4) that all licensees update their FSARs at least every refueling outage and no less frequently than every 2
years.
When two units share a
common FSAR, the rule'as the effect of makin9 the licensee update.the FSAR roughly every. 12 to 18 months; this is contrary to the intent of the rule.
The authors of the rule recognized the effect of the rule's language on multiple facilities sharing a common FSAR in responding to comments on the rulemaking by stating that licensees will have maximum flexibilityfor scheduling updates to their FSARs on a case-by-case basis; however, the final rule does not address multiple facilities (57 FR 39353, August 31, 1992).
-n
The requested exemption would require periodic updates once per refueling cycle, based on SSES'Unit 2 refueling outage
- schedule, but not to exceed 24 months from the last submittal.
The requirement that an update be submitted within 6 months of an outage of each unit is not retained.
Allowing the exemption would maintain the SSES FSAR current within 24 months of the last revision and would not exceed a 24-month interval for submission of the 10 CFR 50.59 design change report for either unit.
V.
The licensee's special circumstance is that, as stated in 10 CFR 50.12(a)(2)(ii), "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," when it applies to the frequency of updating the FSAR for dual units.
When two units share a
common FSAR, the rule stated in 10=CFR 50.71(e)(4),
which requires that all licensees update their FSAR at least every refueling outage and no less frequently than every 2 years, has.the effect of making the licensee update the FSAR approximately every l2 to )8 months.
This is contrary to the intent of the rule.
The licensee's proposed schedule for FSAR updates will ensure that the SSES FSAR 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 Commission has determined that,'pursuant to 10 CFR
- 50. 12, an exemption is authorized by law, will not present an undue risk to the public health and safety and is consistent with common defense or security,. and is otherwise in the public interest.
The Commission has also
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determined'hat special circumstances are present as defined in 10 CFR 50.12(a)(2)(ii), which is, "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 Commission hereby grants the licensee an exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates to the SSES FSAR within 6 months of each outage.
The licensee will be required to submit updates to the FSAR based upon the Unit 2 refueling cycle frequency.
The exemption will allow the licensee to I
maintain the SSES FSAR within 24 months of the last revision and not to exceed a 24-month interval for the submission of the 10 CFR 50.59 summary report for either unit.
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 (62 FR2498O).
This exemption is effective upon issuance.
=Dated at Rockville, Maryland, this 9<>
day of May'997.
FOR THE NUCLEAR REGULATORY COMMISSION uel J.
C l>ns, Director Office of Nuclear Reactor Regulation
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