ML20042E941
| ML20042E941 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/25/1990 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | LONG ISLAND LIGHTING CO. |
| Shared Package | |
| ML20042E940 | List: |
| References | |
| NUDOCS 9005040273 | |
| Download: ML20042E941 (4) | |
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'S UNITED STATES OF AMERICA E
NUCLEAR REGULATORY COMMISSION In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322
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l (SHOREHAMNUCLEARPOWERSTATION,
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l UNIT 1)
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t I
i EXEMPTION l
1.
Long Island Lighting Company (the licensee) is the holder of' Facility Operating License No. NPF-82, which authorizes full power operation of the ShorehamNuclearPowerStation(SNPS). The facility is a boiling water reactor, currently shutdown and defueled, located at the licensee's site in Suffolk' County, New York. The license provides, among other things, that.the licensee is subject to all rules, regulations and orders of the Commission now or hereafter in effect.
l II.
By letter dated December 5, 1989, the licensee requested an exemption from the requirements of 10 CFR 50.71(e)(4) related to the annual update of its safety analysis report.
In addition, the licensee seeks to extend the time prior to such' submittal for inclusion of all changes.
Pursuant to 10 50.71(e)(4) each commercial power reactor licensee is-required to file an annual update of its final safety analysis report (FSAR),
Such annual updates shall include all changes up to 6 months prior to the date of filing. The licensee seeks a delay in filing the required annual update.
9005040273 900425 ADOCK0500gg2 DR 3
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The licensee's exemption request also seeks to extend the time prior to the i
date of filing for including all changes.
III.
Prior to this exemption request, the licensee hcd submitted an original Updated Safety Analysis Report (USAR) and two revisions.
By letter dated December 5, 1989, the licensee' requests an exemption to delay submittal of L
Revision 3 to the USAR, due December 7, 1989, to June 1, 1990, in addition, i
Revision 3 would contain all changes as of June 28,.1989, the date the Settle.
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ment Agreement between LILCO and New York State became legally effective.
The licensee states that the requirement to fully comply with the regulation is, under ordinary circumstances, a time consuming task requiring intensive effort nn the part of plant personnel.
In light of the Settlement Agreement
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with New York State, the licensee adds, it is not only responsible for meeting all obligations under the operating license and attendant NRC regulations, but is engaged in preparing a Defueled Safety Analysis Report (DSAR) and various i
other technical and regulatory documents to support future license amendment and exemption requests. These tasks are being performed concurrently with the preparation of an application to transfer Shoreham's operating license to an entity of New York State. As a consequence, licensee's personnel that normally would be available to work exclusively on the annual USAR update are also spending considerable time and effort preparing the DSAR and other related L
documents.
l In its letter requesting the subject schedular exemption, the licensee 1
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states that it is preparing the Defueled Safety Analysis Report for submittal l
l to the NRC prior to June 1, 1990. The DSAR will describe the level of activity
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l needed to protect the public health and safety, consistent with Shoreham being in a shutdown and defueled condition. The licensee also believes that l
"... submission of the DSAR will better serve the regulation's [10 CFR l
4 50.71(e)(4)) stated purpose of providing a ' reference document for recurring safety analyses performed by the... licensee and the Commission.'" The licensee-adds that, apart from changes associated with defueling, no significant alterations have been made to the plant since the last USAR update. Specifically, a.
preliminary review by LILCO indicates that the update for which it seeks this i
schedular exemption (USAR Revision 3) will contain less than 40 changes, all of l
which are relatively minor.
In addition, the licensee adds that its submission-of the DSAR will provide the staff with the most pertinent-information regarding Shoreham in its defueled condition. The staff concurs in the licensee's preliminary review, and agrees that the DSAR will provide more useful and timely information on Shoreham's defueled condition. The staff therefore i
finds that granting this current exemption presents no undue safety risk.
IV.
The NRC may grant exemptions from the requirements of the-regulations i
that, pursuant to 10 CFR 50.12(a), are (1) authorized by law, will not present an undue risk to the public health and safety, and are consistent with the 1
4 common defense and security, and (2) present special circumstances.
The staff has reviewed the licensee's request for this schedular exemption and finds that the exemption will not present an undue risk to the public health and safety, and is consistent with the common defense and security.
Further, the licensee has shown special circumstances as described in the staff's safety evaluation in support of this schedular exemption.
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l Pursuant to 10 CFR 51.32, the Commission has determined that the issuance.
of this schedular exemption will have no significant impact on the human environment (55 FR 17511).
Accordingly, the Commission has determined that pursuant to 10 CFR L
50.12(a)(1), the exemption is authorized by law, will not present an unduo risk to the public-health and safety, and is consistent with the comon defense and securi ty. Asindicatedabove,compliancewith10CFR50.71(e)(4)atthistime represents a less than appropriate ordering of-priorities and an imprudent allocation of resources. Further, LILCO does not seek to be excused entirely from the requirement that it submit Revision 3 to the Shoreham USAR. Rather, LILCO requests only temporary relief, in the form of an extension of time to file, until June 1, 1990. Thus, a special circumstance as described in 50.12(a)(2)(v) exists to support this exemption, as determined;by the Commission.
Therefore, the Commission hereby approves the following exemption:
The licensee is' exempt from filing Revision 3 to the Shoreham Updated Safety Analysis Report until June 1,1990.
Further,. Revision 3 to the USAR will contain all changes as of June 28, 1989, the date the Settlement 1
Agreement between LILCO and New York State became legally effective.
The licensee's letter, dated December 5, 1989, and the NRC staff's' letter and Safety Evaluation, dated April 25, 1990
, related to this action are available for public inspection at the NRC Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. and the Shoreham-Wading River Public Library, Route 25A, Shoreham, New York 11786.
The exemption is effective upon issuance.
F0 "HE NU
.GULATORY COMMISSION
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Division of Reacto rojects 1/11 Dated at Rockville Maryland this 25th day of dpril 1990.
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