ML20216C746

Exemption from Requirements of 10CFR50.71 Re Submission of Rev to FSAR & Design Change Repts of Facility Changes Made Under 10CFR50.59 for Plant,Units 1 & 2

ML20216C746
Person / Time
Site:	Diablo Canyon
Issue date:	03/12/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	PACIFIC GAS & ELECTRIC CO.
Shared Package
ML20216C749	List: ML20216C746
References
NUDOCS 9803160139
Download: ML20216C746 (3)

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UNITED STATES OE AMERICA NUCLEAR REGULATORY COMMISS!ON f

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l in the Matter of

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PACIFIC GAS AND ELECTRIC COMPANY

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Docket Nos. 50-275

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and 50-323 l

(Diablo Canyon Nuclear Power Plant,

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l Unit Nos.1 and 2)

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1 EXEMPTION L

1.

Pacific Gas and Electric Company, et al. (the licensee) is the holder of Facility Operating License Nos. DPR-80 and DPR-82, which authorize operation of the Diablo Canyon Nuclear f

Power Plant (DCNPP), Unit Nos.1 and 2. The licenses provide, among other things, that the i

licensee is subject to all rules, regulations, and orders of the Commission now or hereafter in i

i effect.

The facility consists of two pressurized-water reactors at the licensee's site tocated in j

San Luis Obispo County, California.

11.

Section 50.71 of Title 10 of the Code of Federal Regulations (10 CFR)," Maintenance of records, making of reports," paragraph (e)(4) states, in part, that " Subsequent revisions must be filed annually or 6 months after each refueling outage provided the interval between i

successive updates to the FSAR does not exceed 24 months." The two DCNPP units share a common Final Safety Analysis Report (FSAR); therefore, this rule requires the limnsee to l

update the same document within 6 months after a refueling outage for either unit.

9803160139 980312 PDR ADOCK 05000275 P

PDR

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Section 50.12(a) of 10 CFR, " Specific exemption," states that...

The Commission may, upon application by any interested person, or i

upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are (1) Authorized by law, will not 1

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present an undue risk to the public health and safety, and are j

l 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 the 10 CFR states that special circumstances are present when " Application of the regulation in the particular circemstances would not serve the 1

l-underlying purpose of the rule or is r,ot necessary to achieve the underlying purpose of the l

l rule...." The licensee's proposed schedule for FSAR updates will ensure that the DCNPP FSARs will be maintained current within 24 months of the last revision and the interval for l

l 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

• ap" :ation of 10 CFR 50.71(e)(4) would require the licensee to update the same document i

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).

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IV.

The Commission has 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 I

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3-consistent with the common defense and security, and is othervrise in the public interest.

Therefore, the Commission hereby grants Pacific Gas and Electric Company en exemption from the requirement of 10 CFR 50.71(e)(4) to submit updates to the DCNPP FSAR within 6 months of each outage. The licensee will be required to submit updates to the DCNPP FSAR l

within six months after each Unit 2 refueling outage. With the current length of fuel cycles, i

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FSAR updates would be submitted every 24 months, but not to ex::eed 24 months from the last l

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submittal.

1 Pursuant to 10 CFR 51.32, the Commission has determined that granting of this exemption will have no significant effect on the environment (63 FR 10654).

l This exemption is effective upon issuance.

l FOR THE NUCLEAR REGULATORY COMMISSION is9 n t LA Sa e J. CoMns,Tirector Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 12th day of March 1998 l

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