ML20217C974

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Exemption Granted to Extend Date for Submittal for Updated FSAR to Two Yrs After Date of Issuance of low-power License. Exemption Effective Until End of Dec 1995
ML20217C974
Person / Time
Site: Comanche Peak Luminant icon.png
Issue date: 07/15/1991
From: Boger B
Office of Nuclear Reactor Regulation
To:
TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
Shared Package
ML20217C979 List:
References
NUDOCS 9107190103
Download: ML20217C974 (4)


Text

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7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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TD(AS UTILITIES ELECTRIC COMPANY

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Docket No. 50-445

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(Comanche Peak Steam Electric

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-Station, Unit No. 1)

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EXEMPTION 1.

On April 17, 1990, the Commission issued Facility Operating L1 cense No. NPF-87 to Texas Utilities Electric Company, et al. (the licensee) for Comanche Peak Steam Electric Station, Unit No. 1.

This license brovided, among other. things, that the facility is subject to all rules, regulations and Orders of the Commission.

11.

Section 50.71(e)(3)(1) of Title 10 of the Code of Federal Regulations requires the licensees of nuclear power reactors to-submit an Updated Final Safety Analysis Report (UFSAR) within 24 months of either July 22, 1980, or the date of i suance of the operating license, whichever--is later.

This would require submittal of the UFSAR by April 17, 1992, and would result in an entirely new document from the existing iv.nanche Peak FSAR.

By letter dated April 1, 1991, the licensee requested an exemption from 10 CFR 50.71(e) which would defer submittal of the UFSAR until two years following receipt of a low power operating license for Comanche Peak Steam Electric Station, Unit 2.

The licensee states that it will continue to maintain the 9107190103 910715

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Comanche Peak Steam Electric Station FSAR as e description of both Units 1 and 2, The FSAR will be updated by periodic amendments during the period that Unit 2 is under construction, thus assuring that timely information regarding both units is provided.

111.

2 The NRC staff has reviewed the licensee's request for an extension of the Comanche Peak Steam Electric Station, Unit No. 1. UFSAR submittal cate.

Sectinn 50.34 of Title 10 of the Code of Federal Regulations requires that, until Comanche Peak Steam Electric Station, Unit No. 2 receives an operating license, the information contained in the FSAR docketed with the operating license application be maintained current.

Hence, if an extension to the submittal date for the UFSAR is not granted, the licensee would be required to maintain current both the present FSAR as well as the Unit 1 UFSAR until Comanche Peak Steam Electric Station Unit No. 2 is licensed.

Maintaining two versions of the same document for the two Comanche Peak Steam Electric Stations would nn. serve the underlying purpose of 10 CFR 50.71(e), which is to assure that the final safety analysis report contains the latest material developed.

Thus, an undue administrative burden would be imposed which results in no measurable gain, Therefore, an extension is needed to eliminate the hardship of maintaining two versions of the same document.

Until Comanche Peak Steam Electric Station Unit No. 2 receives an operating license, the licensee has committed to maintain the present FSAR current for both units wy periodically amending the document.

This will assure that the underlying purpose of 10 CFR 50.71(e),

i.e., assurance that the safety analysis report contains the latest material developed, continues to be met.

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< ~For these reasons,-the staff finds that the licensee has shown good cause for the requested extension of-the date for submittal of the Updated Final Safety-Analysis Report.. 1herefore, the requested extension to no later than two years after issuance of a low power license for Comanche Peak Steam Electric Station, Unit No. 2 is acceptable.

This extension will terminate, unless further extended..no later than the end of December 1995.

IV.

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a)(1), this exemption is authorized by las, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.

The Commission further determines that special circumstances, as provided in 10 CFR 50.12(a)(2)(ii), are present justifying the exemption.

The application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule in that the licensee has updated the Comanche Peak Steam Electric Station FSAR in support of licensing Comanche Peak Stean Electric Station, Unit No. 2, and will continue

.to update it neriodically until Unit.2 is licensed.

-Accordingly. the Commission hereby grants an exemption as described in Section III above from 10 CFR 50.71(e)(3)(i) of 10 CFR Part 50 to extend the date for submittal of the updated FSAR to no later than two years after the date of issuance of a low power license for Comanche Peak Steam Electric Station Unit No. 2.

This exemption is effective until the end of December 1995.

4 Pursuant to 10 CFR 51.32, the Consission has determined that the granting of the Exemption vill have no significant impact on the environment (56 FR 24100).

This Exemption is effective upon issuance.

Dated at Rockville, Maryland, this 15th day of July 1991.

FOR THE NUCLEAR REGULATORY C0dMISSION d

Bruce A. Boger, Director Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation l

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