ML20216B073

Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submittal of Revs to FSAR for Facility Changes Made Under 10CFR50.59 for Vogtle Electric Generating Plant,Units 1 & 2

ML20216B073
Person / Time
Site:	Vogtle
Issue date:	03/05/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	SOUTHERN NUCLEAR OPERATING CO.
Shared Package
ML20216B078	List: ML20216B073
References
NUDOCS 9803120407
Download: ML20216B073 (4)

Text

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7590-01-P UNITED STATES OF AMER _ICA NUCLEAR REGULATORY COMMISSION in the Matter of

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SOUTHERN NUCLEAR OPERATING

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Docket Nos. 50-424 and 50 425 COMPANY, INC., ET AL.

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(Vogtle Electric Generating Plant,

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Units 1 and 2)

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EXEMPTION l.

Southem Nuclear Operating Company, Inc., et al. (the licensee) is.the holder of Facility Operating License Nos. NPF-68 and NPF-81, for the Vogtie Electric Generating Plant (VEGP),

Units 1 and 2, respectively. 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 VEGP facility consists of two pressurized-water reactors located at the licensee's site in Burke County, Georgia.

II.

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 revidons [to the

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Final Safety Analysis Report (FSAR)] must be filed annually or 6 months after each refueling outage provided that the interval between successive updates [to the FSAR] does not exceed 24 months." The VEGP, Units 1 and 2, share a common FSAR; therefore, this rule requires the licensee to update the same document within 6 months after a refueling outage for either unit.

9803120407 980305 PDR ADOCK 05000424 P

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. By letter dated January 23,1998, the licensee requested an exemption from the requirements of 10 CFR 50.71(e)(4).

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 arve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule...." As noted in the staff's supporting Safety Evaluation, the licensee's proposed schedule for FSAR updr tes will ensure that the VEGP FSAR 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 Commission has determined that special circumstances are present as defined in 10 CFR 50.12(a)(2)(ii). The Commission has further determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to public health and safety, and is consistent with the common defense and security. The Commission hereby grants the licensee an exemption from the requirements of 10 CFR 50.71(e)(4) to submit updates to the VEGP FSAR within 6 months of the VEGP

. Unit 2 refueling outage. The licensee will be required to submit updates to the VEGP FSAR within 6 months after the Unit 2 refueling outage. With the current length of fuel cycles, FSAR 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 the granting of this exemption will have no significant effect on the quality of the human environment (63 FR 10248).

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

@dMk 88muelJ.Collh18 Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 5th day of March 1998

• See previous concurrence OFFICE PDil-2/RM PDil @ m @ll-2/D DRPE/D (A)*

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LBerryk DJ h NBe$kow JZwolinski CBarth NAME b/ h98 h/M/98 0/N98 2/23/98 2/22/98 DATE OFFICE NRR/ADRP (A)*

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DATE 2/24/98

/ /98 2/27/98 DOCUMENT NAME: G:WOGTL \\ XFSAR.WP OFFICIAL RECORD COPY

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! l Unit 2 refueling outage. The licensee will be required to submit updates to the VEGP FSAR within 6 months after the Unit 2 refueling outage. With the current length of fuel cycles, FSAR 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 the granting of this exemption will have no significant effect on the quality of the human environment (63 FR 10248).

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION o

or Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 5th day of March 1998 i