ML20236L210

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Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submittal of Revs to UFSAR for Facility Changes Made Under 10CFR50.59 for Plant,Units 1 & 2.Commission Grants Licensee Exemption from Subj Requirements
ML20236L210
Person / Time
Site: Farley  
Issue date: 07/07/1998
From: Collins S
NRC (Affiliation Not Assigned)
To:
SOUTHERN NUCLEAR OPERATING CO.
Shared Package
ML20236L212 List:
References
NUDOCS 9807100266
Download: ML20236L210 (4)


Text

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a 75B01-P QNITED STATES OF AMERICA HQCLEAR REGULATORY COMMISS1QN

'1 in the Matter of.

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SOUTHERN" NUCLEAR OPERATING

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Docket Nos. 50 348 and 50 364 COMPANY,'INC., ET AL

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(Joseph M. Farley Nuclear Plant,

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Units 1 and 2)

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j EXEMPTION 1.

1 Southem Nuclear Operating Cornpany, Inc., et al. (the licensee) is the holder of Facility

i Operating 1.icense Nos. NPF-2 and NPF 8, for the Joseph M. Farley Nuclear Plant (FNP),

Units 1 and 2, respectively.' The licenses provide, among.other things, that the heensee is i

subject to all rules, regulations, and orders of the Commission now or hereafter in effect, t

The FNP facility consists of two pressurized-water reactors located at the licensee's site i-in Houston County, Alabama.

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"ntle 10 of the Code of Federal Reaulatiana (10 CFR), Stection 50.71, " Maintenance of records, making of reports," paragraph (e)(4) states, in part, that " Subsequent revisions (to the

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Updated Final Safety Analysis Report (UFSAR)] must be filed annually or 6 months after each L'

i refueling outage provided that the interval between successive updates [to the UFSAR) does

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not exceed 24 months." The FNP, Units 1 and 2, share a common UFSAR; therefore, this rule

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requires the licensee to update the same document within 6 months after a refueling outage for s'

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either un;t. By letter dated January 19,1998, the licensee requested an exemption from the requirements of 10 CFR 50.71(e)(4).'

111.

Section 50.12(s) of 10 CFR, " Specific exemptions," states that:

i 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 c!rcumstances are present when

" Application of the regulation in the particular circumstances would not serve the undertying purpose of the rule or is not necessary to achieve the underlying purpose of the rule...." As noted in the staffs supporting Safety Evaluation, the licensee's proposed schedule for UFSAR updates will ensure that the FNP UFSAR will be muintained current within 24 months of the last x

i 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 50.7 #(e)(4) would require the licensee to 1

update the same document within 6 months after a refueling outage for either unit; a more R

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 7

present an undue risk to public health and safety, and is consistent with the common defense 7

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and security. The Commission hereby grants the licensee an exemption isom the requirements i

. of 10 CFR 50.71(e)(4). The licensee will be required to submit updates to the FNP UFSAR wdhin 6 months after the Unit i refueling outage. With the curreret length of fuel cycles, UFSAR-p

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L updates would be submitted every 18 months, but not to exceed 24 months from the last

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t it i Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this

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1 exemption will have no significant effect on the quality of the human environment

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'.(63 FRD 35985 ddted July 1,1998).

i so This exemption is effective upon issuance.

i FOR THE NUCt. EAR REGULATORY COMMISSION m

Odginalsignedby '

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. Samuel J. Collins, Director L

. Office of Nuclear Reactor Regulation Dated at Rockville, Maryland,.-

}his: '7th. day of July:1998i 1

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L I-I 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 numan environment (63 FR35985 dated July 1,1998).

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION i

cl Office of Nuclear Reactor Regulation

._ Dated at Rockville, Maryland, this 7th day of July.1998

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