ML20236G734

Exemption from Requirements of 10CFR50.71, Maint of Records,Making of Repts. Exemption Permits Extension of Time Interval for Updating Zions FSAR

ML20236G734
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	06/30/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	COMMONWEALTH EDISON CO.
Shared Package
ML20236G013	List: ML20236G008 ML20236G734
References
NUDOCS 9807060360
Download: ML20236G734 (4)

Text

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l-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

L in the Matter of )

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! COMMONWEALTH EDISON COMPANY ) Docket Nos. 50 295 i

) and 50-304 l )

(Zion Nuclear Power Station, Units 1 and 2) .)

EXEMPTION 1.

Commonwealth Edison Company (Comed, the licensee) is the holder of Facility i

Operating License Nos. DPR-39 and DPR-48, which authorire operation of the Zion Nuclear Power Station, 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.

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l in its letter dated March 12,1998, Comed requested an exemption from the Commission's regulations. Pursuant to 10 CFR 50.34(b), each application for a license to operate a facility shall include a Final Safety Analysis Report (FSAR). This report shall include information that describes the facility, presents the design bases and the limits on its operation and presents a safety analysis of the structure, systems and components of the facility.

Title 10 of the Code of Federal Regulations. Part 50, Section 71 (10 CFR 50.71),

l " Maintenance of records, making of reports," states that all light-water nuclear power reactors shall update their FSAR periodically. Pursuant to 10 CFR 50.71(e)(4), the time interval for the subsequent FSAR updates must not exceed 24 months. The last full update of the Zion FSAR was sut,mitted to the NRC on July 5,1996. Consequently, the next update would be required to i

9007060360 DR 980630 p ADOCK 05000295 PDR.

be submitted no later than July 1998. However, Comed is requesting an exemption from this requirement to allow them to update the FSAR to reflect the present condition of the units.

By letters dated February,13,1998, and March 9,1998, Comed informed the NRC that Zion Nuclear Power Station, Units 1 and 2, have permanently ceased operations and both units are completely defueled and all fuel has been placed in the spent fuel pool for long-term storage.

By letter dated May 4,1998, the NRC acknowledged Zion's permanent cessation of power operation and permanent removal of fuel from the reactor vessels.

Many of the systems and components previously required for safety are no longer needed because the Zion units are permanently shut down. Therefore, updating the current FSAR will provide a description of components and systams that are no longer relevant to safety. Instead Comed has propored and committed to prepare and submit an update to the FSAR reflecting the permanently defueled condition of Zion, Units 1 and 2, by December 31,1998. This update will become Zion's Defueled Safety Analysis Report (DSAR).

Because Comed's board decision on January 14,1998, to shut down Zion was unexpected, Comed staff did not have adequate time to develop the DSAR. Therefore, Comed is requesting an extension of the update interval to allow sufficient time to develop and submit the DSAR. In their letter dated March 12,1998, Comed stated that many of the technical, administrative, and management resources needed to develop a DSAR are the same as those that would be involved in updating the FSAR. Consequently, updating the current FSAR by July 1998, would result either in a delay in developing a DSAR or in the expenditure of significant additional resources to develop a DSAR while preparing an FSAR update submittal in parallel.

Ill.

Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50 ,

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(1) when the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Special circumstances are present whenever, according to 10 CFR i

50.12(a)(2)(ii), " Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the undertying purpose of the nde....-

. The undertying purpose of 10 CFR 50.71 is to provide updated information and

descriptions which are needed to permit understanding of the system designs and their l

relationships to safety evaluations.' The last update to the Zion FSAR was submitted on July 5, 1996. Therefore, the next update is due no later than July 1998. However, because Comed has permanently ceased operation of the Zion Nuclear Power Station, Units 1 and 2, many of the i

systems and components that were previously required for the safe operation of the plants are no longer needed. Therefore, by updating the current FSAR, Comed would be providing information on equipment and systems that are no longer relevant to the safety of the plant.

Comed has committed to providing Zion's DSAR by December 1998. This DSAR update will l

meet the undertying purpose of the rule'in which the status of equipment and systems relevant to g

I( a non-operating plant will be provided to NRC and docketed. Furthermore, this exemption will have no impact on the ability of structures, systems, and components to perform the safety l

i functions required with the plant ps:mr.ently shut down and defueled.

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IV.

l For the foregoing reasons, the NRC staff has concluded that the licensee's proposed use l of the attemate date for submittal of the DSAR will not present an undue risk to public health and l

safety and is consistent with the common defense and security. The NRC staff has determined l

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4 that there are special circumstances present, as specified in 10 CFR 50.12(a)(2)(ii), in that the DSAR will provide the required information relevant to the current status of the plant.

Accordingly, the Commission has determined that pursuant to 10 CFR 50.12(a), an exemption is authorized by law, will not endanger life or property or the common defense and security and is, otherwise, in the public interest. Therefore, the Commission hereby grants an exemption from the requirements of 10 CFR 50.71(e)(4) in that Comed may extend its Updated Final Safety Analysis Report submittal date from July 1998 to December 31,1998.

Pursuant to 10 CFR 51.32, the Commission has determined that granting this exemption will not have a significant effect on the quality of the human environment (63 FR35294).

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION a ue , or Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this30 day of June,1998

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DISTRIBUTION 1 E

' Docket File

. PD3-2 r/f RAssa CMoore u June 30, 1998 4

)

, MEMORANDUM TO: ' Rules and Directives Branch

= Division of Administrative Services

• Office of Administration

FROM

, q . Office of Nuclear Reactor Regulation

SUBJECT:

LEXEMPTION FROM. REQUIREMENTS OF 10 CFR 50.71-ZION NUCl. EAR POWER STATION, UNITS 132)(TACS.MA1315/1316)

, 3 One signed original of the federa/ Register Notice identified below is attached for your transmittal

, ; to the Office of the Federal Register for publication. Additional conformed copies ( 5: ) of the Notice are enclosed for your use. ,  ;]

' Notice of Receipt of Application for Construction Permit (s) and Operating License (s).  !

Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s):

Time for submission of Views on Antitrust matters.

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Notice of Consideration of Isseance 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

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of Opportunity for Hearing.

. Notice of Availability of NRC Draft / Final Environmental Statement.'

- . N'otice of Limited Work Authorization.

O Notice of Availability of Safety Evaluation Report.

Notice of issu'ance of Construction Permit (s).

Notice of lasuance of Facility Operating License (s) or Amendment (s).

Order.

Exemption.

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Notice of Granting Exemption.

- - l - ' Environmental Assessment, 1 Notice of Preparation of Environmental Assessment.

Receipt of Petition for Director's Decision Under 10 CFR 2.206.

- Issuance of Final Director's Decision Under 10 CFR 2.206.

Other: Please call Shirlav or Nancy' on' 415-1395. if you have any nuantions. .

DOCKET NO. '50-295, 50-304 f Attachment (s): J As stated - ,

Contact:

Ramin-ASSA

-Telephone: 401-415-1391

- DOCUMENT NAME: G: CMNTSP ZION I1315. @ .

L*'f is ave e'copMthisvoeum. indie t. In he box: "c" - copy' without ettechment/.nclosur. *E' Copy with attachmentlenclosur. "N" = No copy OFFICE -- PD]-g/LA l l l l l l l p

NAME ICM&d6e DATE @ /98

" - OFFICIAL RECORD COPY