ML17300B297
| ML17300B297 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 07/08/1999 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| Shared Package | |
| ML17300B296 | List: |
| References | |
| NUDOCS 9907140032 | |
| Download: ML17300B297 (10) | |
Text
UNITED TATES OF AMERICA N
LEAR RE LAT RY OMMIS ION
)
)
ARIZONAPUBLIC SERVICE COMPANY
)
)
(Palo Verde Nuclear Generating Station,
)
Unit Nos. 1, 2, and 3)
)
Docket Nos. STN 50-528, STN 50-529 and STN 50-530
~EXEMPTl N
Arizona Public Service Company (the licensee) is the holder of Facility Operating License Nos. NPFA1, 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 ofthe Commission now or hereafter in effect.
PET,'VNE These facilities consist of three pressurized water reactors located'at the licensee's site in Maricopa County, Arizona.
El T
II.
V Section 50.71 ofTitle 10 of the ode o de Re u atio 's (10:CFR),'-"Maintenance, of
, records making,of reports " paragraph (e)(4) states, in part, that "Subsequent reyisIoLns', tto the,.
"!:.'~,'QpdatedIFlnal'safety.A'natysvts Report (UFsAR)]'mul"st be fited an'nb'aPliy,,or';0 i(jpnth8gftihr,'.each'.
'.refuN'elIng'oiitagPe,"provided tlie Inteival between successive updates, po;thve PS');does;riot, excee'd 24'months." The three Palo verde units share.a commotl vFsAR"'.tljeiIefore;.thi'ule t-
. 'requireNs'tfie licensee'to update the same document annually'r within8 "m'onth's'after'.a refueling outage for each unit.
V l
I' 9907% 40032 O'F0708 PDR ADQCK 05000528 P
PDR L
t 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, willnot present an undue risk to the public health and safety, and are consistent with the common defense and security.
(2) The Commission willnot 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 filingannual FSAR revisions while assuring that such revisions are made at feast every 24 months. The
', '",,CommIssjon reduced the, burden, in part, by permitting.a licensee {o submitiits.FSAR,revisions
. 6 months-after refueling outages for its facility; but the rule did not provide for. multiple unit fi i, 4%
facilitIes sharing a common FSAR. Rather, the Commission-stated that "With respect,-
to...multiple facilities sharing a common FSAR, licensees willhave maximum flexibilityfor f
I,
,scheduling updates on a case by case basis (57 FR-39356 (1992)). "
'".:.",=:;..'>;:;-;.-",';;.By,.letter,:dated June.9,,1998, as,supplemented,.december 21, 1998, tlute;licensee.;.,-
"..:;;;reqdistjd.an, exemption from the requirements of.10,CFR 50:7$(e)(4)..to,allo4"reytslonp.fo'the"
' UFSAR; changes to the quality assurance program made. in accordance with'$0'CFR 50;Q(a)(3), and reports of changes, tests, and experiments made ln,accordance with 10'GFR 60:59(b)(2) to be submitted to the Commission on a 24-month periodicity.
0 0
As noted in the staffs safety evaluation, the li"ensee's proposed schedule for UFSAR updates willensure that the Palo Verde UFSAR and quality assurance program willbe maintained current within 24 months of the last revision and the interval for submission of the 10 CFR 50.59 design change report willnot 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 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, willnot 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 willbe required to submit updates to the Palo Verde UFSAR, the quality assurance program, and the 10 CFR 60.69 safety eyatuatlon summary reports to the NRC no later than 24 months from the previous
revision..
t
~ ~
A p
I J
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption willnot have a significant effect on the quality of the human environment (64 FR 36410
).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORYCOMMISSION Dated at Rockville, Maryland, this 8th day of July 1999.
John
. Zwolinski, Director Division of Licensing and Project Management Office of Nuclear Reactor Regulation