ML17334B695
| ML17334B695 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 03/03/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| Shared Package | |
| ML17334B696 | List: |
| References | |
| NUDOCS 9803060200 | |
| Download: ML17334B695 (3) | |
Text
U In the Matter of Indiana Michigan Power Company Docket Nos. 50-315 and 50-316 (Donald C. Cook Nuclear Plant, Units 1 and 2)
Indiana Michigan Power Company (the licensee) is the holder of Facility Operating License Nos. DPR-58 and DPR-74, which authorize operation ofthe Donald C. Cook Nuclear Plant, Units 1 and 2, respectively.
The Donald C. Cook facilities are pressurized-water reactors located at the licensee's site in Berrien County, Michigan. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Commission now or hereafter in effect.
Section 50.71(e)(4) of Title 10 of the Code ofFederal Regulations, "Maintenance of records, making of reports," 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 Donald C. Cook facilities share a common FSAR; therefore, this rute requires the licensee to update the same document within 6 months after a refueling outage for either unit.
9803060200 980303 PDR ADQCK 050003i5 P
Section 50.12(a), "Specific exemptions," makes the following statement:
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) states that special circumstances are present whenever-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.
IV.
As noted in the staffs safety evaluation, the licensee's proposed schedule for FSAR updates willensure that the FSAR for the Donald C. Cook Nuclear Plant willbe kept current within 24 months of the last revision and willnot exceed a 24-month maximum interval for submission of updates to the FSAR pusuant to 10 CFR 50.71(e)(4).
The Commission has determined that, pursuant to 10 CFR 50.12(a), an exemption is authorized by law, willnot 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 determined that there are special circumstances as defined in 10 CFR 50.12(a)(2)(ii) since the recent revision to 10 CFR 50.71(e), intended to decrease the burden associated with submittal of revisions to the FSAR, did not address multiple-unit sites with a common FSAR and provides that FSAR updates must be filed every 24 months. The licensee's proposed exemption provides the decrease in burden which was intended by the revision and, therefore, achieves 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 FSAR for the Donald C. Cook Nuclear Plant within 6 months of each outage.
The licensee willbe required to submit updates to the Donald C. Cook Nuclear Plant FSAR once every Unit 1 fuel cycle, but not to exceed 24 months from the last submittal.
Pursuant to 10 CFR 51,32, the Commission has determined that the granting of this exemption will have no significant impact on the quality of the human environment (62 FR 59753).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this ~<
day of ~><h 1998.
FOR THE NUCLEAR REGULATORYCOMMISSION muel J.
o lins, Director Office of Nuclear Reactor Regulation