Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Notices 53031

the underlying purpose of between-theseals testing is to verify the seal integrity

after an air lock door is opened or its

seals adjusted. The seal contact check

performed on the emergency escape air

lock door seals serves this purpose and

ensures the doors are sealing properly.

Therefore, application of the regulation

to perform between-the-seals leakage

rate tests after seal adjustment is not

necessary in this case to achieve the

underlying purpose of the rule.

IV

Accordingly, the Commission

concludes that the licensee’s proposal to

perform seal contact testing instead of

Type B leakage rate between-the-seals

testing on the emergency escape air lock

door seals is acceptable. There is

reasonable assurance that the

containment leakage limiting function

will be maintained.

The licensee’s request cites the

special circumstances of 10 CFR 50.12,

Sections (a)(2)(ii) and (a)(2)(iii), as the

basis for the exemption. Appendix J to

10 CFR Part 50 requires full pressure

tests following air lock door openings.

The licensee stated that the proposed

alternate seal contact verification check

will ensure that the air lock doors are

sealing properly. The licensee also

stated that the only viable alternative to

the proposed exemption would be to

perform an air lock retrofit that would

involve a significant cost to the licensee.

The Commission concludes that the

special circumstances of 10 CFR

50.12(a)(2)(ii) are present in that

application of the regulation in these

particular circumstances is not

necessary to achieve the underlying

purpose of the rule.

V

Accordingly, the Commission has

determined, pursuant to 10 CFR

50.12(a), that this exemption is

authorized by law, 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.

Therefore, the Commission hereby

grants the exemption from 10 CFR Part

50 Appendix J, Option A, Sections

III.D.2.(b)(ii) and III.D.2.(b)(iii), to the

extent that leakage rate testing is not

necessary after opening the emergency

escape air lock doors for post-test

restoration or post-test adjustment of the

airlock door seals.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will not have

a significant effect on the quality of the

human environment (62 FR 34720).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 30th day

of September 1997.

For the Nuclear Regulatory Commission.

Frank J. Miraglia,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–26991 Filed 10–9–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 030–01788]

National Institutes of Health; Issuance

of Director’s, Decision Under 10 CFR

§ 2.206, Correction

This document corrects a notice

appearing in the Federal Register of

September 24, 1997 (62 FR 50018)

concerning the issuance of a Director’s

Decision on a petition requesting that

the Director, Office of Nuclear Material

Safety and Safeguards take action with

respect to the National Institutes of

Health.

1. On page 50025, third column,

second full paragraph, fifth line, the

date reading ‘‘July 14, 1997’’ is corrected

to read ‘‘July 14, 1995.’’

2. On page 50027, second column,

first full paragraph, line 13 is corrected

to read ‘‘1300μCi of P–32. The person

with the’’.

Dated at Rockville, Maryland, this 6th day

of October, 1997.

For the Nuclear Regulatory Commission.

David L, Meyer,

Chief, Rules and Directives Branch, Division

of Administrative Services, Office of

Administration.

[FR Doc. 97–26892 Filed 10–9–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–282, 50–306, and 72–10]

Northern States Power Company,

Prairie Island Nuclear Plant, Units 1

and 2 Prairie Island Independent Spent

Fuel Storage Installation; Receipt of

Petition For Director’s Decision Under

10 CFR 2.206

Notice is hereby given that by a

Petition filed pursuant to 10 CFR 2.206

on August 26, 1997, Prairie Island

Coalition (Petitioner) requested that the

NRC (1) suspend Northern States Power

Company’s (the licensee) Materials

License No. SNM–2506 for cause under

Section 50.100 of Title 10 of the Code

of Federal Regulations (10 CFR 50.100)

until all material issues regarding the

maintenance, unloading, and

decommissioning processes and

procedures, as described in the Petition

and a similar Petition filed on May 28,

1997, by the Prairie Island Indian

Community, have been adequately

addressed and resolved, and until the

maintenance and unloading processes

and procedures in question are safely

demonstrated under the scrutiny of

independent third-party review of the

TN–40 cask seal maintenance and

unloading procedure; (2) determine that

the licensee violated 10 CFR 72.122(f)

by using a cask design that requires

periodic seal maintenance and

emergency seal replacement that must

be performed in the plant storage pool;

(3) determine that the licensee violated

10 CFR 72.122(h) by using a cask that

must be placed into the pool for

necessary maintenance and/or

unloading procedures; (4) determine

that the licensee violated 10 CFR

72.122(l) by loading casks and storing

them before the licensee had procedures

adequate to safely unload and

decommission the TN–40 casks; (5)

determine that the licensee violated 10

CFR 72.130 by using the TN–40 cask

and failing to make provisions capable

of accomplishing the removal of

radioactive waste and contaminated

materials at the time the independent

spent fuel storage installation (ISFSI) is

permanently decommissioned; (6)

determine that the licensee violated 10

CFR 72.11 by failing to provide and

include complete and accurate material

information regarding maintenance and

unloading of TN–40 casks in the

application for the Prairie Island ISFSI

and in subsequent submissions

regarding cask maintenance and

unloading issues; (7) determine that the

licensee violated 10 CFR 72.12 by

deliberately and knowingly submitting

incomplete and inaccurate material

information regarding maintenance and

unloading of TN–40 casks in the

application for the Prairie Island ISFSI

and in subsequent submissions

regarding cask maintenance and

unloading issues; (8) require that the

licensee pay a substantial penalty for

each cask loaded in violation of NRC

regulations; (9) administer such other

sanctions for the alleged violations of

NRC regulations as the NRC deems

necessary and appropriate; (10) provide

Petitioner the opportunity to participate

in a public review of maintenance,

unloading, and decommissioning

processes and procedures in question

and an opportunity to comment on draft