ML20140E971
| ML20140E971 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 06/10/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | DUKE POWER CO. |
| Shared Package | |
| ML20140E977 | List: |
| References | |
| NUDOCS 9706120270 | |
| Download: ML20140E971 (4) | |
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i 7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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DUKE POWER COMPANY
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Docket Nos. 50-413 and 50-414
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50-369 and 50-370 (Catawba Nuclear Station
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Units 1 and 2)
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(McGuire Nuclear Station
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Units 1 and 2)
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EXEMPTION I.
Duke Power Company (the licensee) is th? holder of Facility Operating l
License Nos. NPF-35 and NPF-52, for the Catawba Nuclear Station (CNS), Units 1 and 2; and NPF-9 and NPF-17 for the McGuire Nuclear Station (MNS), Units 1 and 2.
The licenses provide, among other things, that the licensee is subject to all rules, regulations, and orders of the Commission now or hereafter in effect.
These facilities consist of two pressurized water reactors located at each of the licensee's site #in York County, South Carolina, and Mecklenburg County, North Carolina.
II.
Title 10 of the Code of Federal Reculations (10 CFR), Section 50.71
" Maintenance of records, making of reports," paragraph (e)(4) states, in part, that " Subsequent revisions [to the Updated Final Safety Analysis Report (UFSAR)] must be filed annually or 6 months after each ref t cling outage provided the interval between successive updates to the FSAR does not exceed 24 months." The CNS and MNS two-unit sites share a common UFSAR; therefore, this rule requires the licensee to update the same document within 6 months after a refueling outage for either unit.
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Section 50.12(a) of 10 CFR, " Specific exemptions," states that The Comission 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, will not present.an undue risk to the public health and safety, and are l
consistent with the comon defense and security.
(2) The Comission i
will not 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...."
As noted in the staff's Safety Evaluation, the licensee's proposed schedule for UFSAR updates will ensure that the CNS and MNS UFSARs 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 proposed schedule fits within the 24-month duration specified by 10 CFR 50.71(e)(4).
Literal application of 10 CFR 50.71(e)(4) would require the licensee to update the same document within 6 months after a refueling outage for either unit, a more burdensome requirement than intended. Accordingly, the Comission has j
determined that special circumstances are present as defined in 10 CFR 50.12(a)(2)(ii). The Comission has further determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health' and safety and is consistent with the comon defense and i
security, and is otherwise in the public interest. The Comission hereby t
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l grants the licensee an exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates to the CNS and MNS UFSARs within 6 months of each unit's refueling outage. The licensee will be required to submit updates to the Catawba UFSAR and McGuire UFSAR within six months after each station's Unit 2 refueling outage.
With the current length of fuel cycles, UFSAR updates would be submitted every 18 months, but not to exceed 24 months from the last i
submittal.
Pursuant to 10 CFR 51.32, the Commission has determined that granting of this exemption will have no significant effect on the quality of the human environment (62 FR 28906).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Originalsignedby same!J.comns Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 10th day of June 1997 0FFICE PDII-2/PM PDII-2/D PDII-2/PM PDII-2/D DRPE/D OGC NAME LBerry*
VNerses*
PTam HBerkow*
SVarga*
JHull*
DATE 5 /13 /97 5 /I4/97
,4 3/97 5 /23/97 5 /27/97 5 /20/97 4
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0FFICE RZi b an b NAME S
DATE f/
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DOCUMENT NAME: G:\\ CATAWBA \\ CAT 98043.EX OFFICIAL RECORD COPY
- See previous concurrence
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< grants the licensee an exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates to the CNS and MNS UFSARs within 6 months of each unit's l
refueling outage. The licensee will be required to submit updates to the l
Catawba UFSAR and McGuire UFSAR within six months after each station's Unit 2 refueling outage. With the current length of fuel cycles, UFSAR updates would be submitted every 18 months, but not to exceed 24 months from the last submittal.
Pursuant to 10 CFR 51.32, the Commission has determined that granting of this exemption will have no significant effect on the quality of the human environment (62 FR 28906).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION r
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ctor Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 10th day of June 1997 l
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