ML20155H551
| ML20155H551 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/02/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | HOUSTON LIGHTING & POWER CO. |
| Shared Package | |
| ML20036F958 | List: |
| References | |
| NUDOCS 9811100183 | |
| Download: ML20155H551 (5) | |
Text
_
t c l
7590-01-P i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
In the Matter of
)
F
)
l STP Nuclear Operating Company
-)
Docket Nos. 50498 and 50-499 J
)
i (South Texas Project Electric
)
l Generating Stations
)
Units 1 and 2)
)
l EXEMPTION t
l 1.
STP Nuclear Operating Company (the licensee) is the holder of Facility Oparating l
License Nos. NPF-76 and NPF-80, for the South Texas Project, Units 1 and 2 (STP). 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.
The facility consists of two pressurized water reactors located in Matagorda County,
' Texas.
l 11.
l Title 10 of the Code of Federal Reaulations (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 refueling outage provided the interval between successive updates to the FSAR does not exceed 24 months." The STP two-unit site shares a common UFSAR; therefore, this rule l
requires the licensee to update the same document annually or within 6 months after a refueling outage for either unit.
~
9811100183 981102 PDR ADOCK 05000498 P
PDR u
~.
2-i Ill.
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, 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.
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 filing annual FSAR revisions while assuring that such revisions are made at least every 24 months. The Commission reduced the burden, in part, by permitting a licensee to submit its FSAR revisions 6 months after refueling outages for its facility, but did not provide for multiple unit facilities sharing a common FSAR in the rule. Rather, the Commission stated that "With respect to...
multiple facilities sharing a common FSAR, licensees will have maximum flexibility for scheduling updates on a case-by-case basis" (57 FR 39355 (1992)).
As noted in the staffs Safety Evaluation, the licensee's proposed schedule for UFSAR updates will ensure that the STP UFSAR and Operations Quality Assurance Plan 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). Revising the FSAR annually or 6 months after refueling outages for each unit, therefore, is not necessary to achieve the
i..
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). The Commission has further i
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 common defense and security, and is otherwise in the public interest. The Commission hereby grants the licensee an exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates to the STP UFSARs within 6 months of each unit's refueling outage. The licensee will be required to submit updates to the STP UFSAR, the Operations Quality Assurance Plan, and the 10 CFR 50.59 safety evaluation summary reports to the NRC no later than 24 calendar months from the previous revision.
3 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 (63 FR 57144).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION l
a r
l Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this2nd day of November 1998 i
l l
l
A at4g
' ~
p k
UNITED STATES l
g j
NUCLEAR REGULATORY COMMISSION l
WASHINGTON, D.C. 20066 4 001 p
OV /
.....j SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION EXEMPTION FROM UPDATED FINAL SAFETY ANALYSIS REPORT UPDATE REQUIREMENTS OF 10 CFR 50.71(e)(4)
STP NUCLEAR OPERATING COMPANY SOUTH TEXAS PROJECT. UNITS 1 AND 2 (STP)
DOCKET NOS. 50-498 AND 50-499 l
1.0 INTRODUCTION
By "NOC-AE-000186, Requests Exemption from Requirements of 10CFR50.71(e)(4) Re Submission of Revs to Ufsar,Operations QA Plan & SE Summary Repts for Facility Changes Made Under [[CFR" contains a listed "[" character as part of the property label and has therefore been classified as invalid..59|letter dated June 17,1998]], STP Nuclear Operating Company (STPNOC, the licensee) submitted a request for an exemption from the requirements of 10 CFR 50.71(e)(4),
" Maintenance of records, making reports." Section 50.71(e)(4) requires, in part, that
" Subsequent revisions [to the Updated Final Safety Analysis Report (UFSAR)] 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 STP shares a common UFSAR; therefore, this rule requires, literally, the licensee to update the station's UFSAR within 6 months after a refueling outage for either unit.
2.0 EVALUATION Section 50.71(e)(4) ensures that all licensees update their UFSARs annually or at least every refueling outage and no less frequently than every 2 years. The current rule, as revised in August 31,1992 (57 FR 39358), was intended to provide some reduction in regulatory burden by limiting the frequency of required updates. The underlying purpose of the rule was to relieve licensees of the burden of filing annual FSAR revisions while assuring that such revisions are made at least every 24 months. The Commission reduced the burden, in part, by permitting a licensee to submit its FSAR revisions 6 months after refueling outages for its facility, but did not provide for multiple unit facilities sharing a common FSAR in the rule. The burden reduction can only be realized by single-unit facilities or multiple-unit facilities that maintain separate UFSARs for each unit. To address this concern for multi-unit plants, the Commission stated, in response to a comment on the draft revision, that "[w]ith respect to [the] concern about multiple facilities sharing a common [U]FSAR, licensees will have maximum flexibility for scheduling updates on a case-by-case basis" (57 FR 39355).
l l
The licensee's requested exemption would permit periodic submittals of the UFSAR updates, the Operations Quality Assurance Plan updates, and the 10 CFR 50.59 safety evaluation j
reports to the NRC no later than 24 calendar months from the previous revision. Thus the l
requirement that an update be submitted annually or within 6 months of an outage of each unit is no longer retained. With the exemption, the STP UFSAR will be updated and maintained current within 24 months of the last revision. The proposed schedule satisfies the maximum 24-month interval between FSAR revisions specified by 10 CFR 50.71(e)(4). Revising the FSAR 6 months after refueling outages for each unit, therefore, is not necessary to achieve the underlying purpose of the rule.
3.0 CONCLUSION
The staff finds that the attemative proposed by the licensee is acceptable in that revising the FSAR 6 months after refueling outages for each unit is not necessary to achieve the underlying purpose of the rule (10 CFR 50.71(e)(4)), which is to require the FSAR of each station be revised at least once per 24 months.
Principal Contributor: M. Gamberoni Date: November 2, 1998
DISTRIBUTION:
1
.N 3
PD4-1 r/f CHawes
' TAlexion Noves6er 2e1998 MEMORANDUM TO:
Rules and Directives Branch Division of Administrative Services I
Office of Administration FROM:
Office of Nuclear Reactor Regulation '
SUBJECT:
SOUTH TEXAS PNOJECT ELECTRIC GENERATING STATIONS UNITS 1 & 2'
'l One signed original of the FederalRegister Notice identified below is attached for your transmittal
- to the Office of the Federal Re0ister for publication. Additional conformed copies (five ) of the Notice are enclosed for your use.
I N'otice of Receipt of Application for Construction Permit (s) and Operatino License (s).
- Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s):
Time for submission of Views on Antitrust matters.
Notice of Consideration of Issuance of Amendment to Facility Operating License. (Call with '
30-day insert date).
]
Notice of Receipt of Application for Facility License (s); Notice of Availability of Applicant's
)
Environmental Report; and Notice of Consideration of issuance of Facility License (s) and Notice J
of Opportunity for Hearing.
Notice of Availability of NRC Draft / Final Environmental Statement.
Notice of Limited Work Authorization.
Notice of Availability of Safety Evaluation Report.
Notice of lasuance of Construction Permit (s).
Notice of lasuance of Facility Operatino License (s) or Amendment (s).
Order.
Exemption.
Notice of Granting Exemption.
Environmental Assessment.
O Notice of Preparation of Environmental Assessment.
Receipt of Petition for Director's Decision Under 10 CFR 2.206.
O lasuance of Final Director's Decision Under 10 CFR 2.206.
Other:
.. DOCKET nog, Ngg a N99 Attachment (s): ' As' stated
Contact:
T. Atmaton Telephone: 415-1326
' DOCUMENT NAME:
z Ta receive a copy of this document. Indicate in the box: 'C' - Copy without attachment / enclosure
- E' = Copy with attachment / enclosure
- N* = No copy OFFICE
,A/PD4-I I i.
l I
l l
l l
4 NAME-
'k bgMAIF
~
~ OFFICIAL RECORD COPY
,