[Federal Register Volume 65, Number 4 (Thursday, January 6, 2000)]
[Notices]
[Pages 793-794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-254]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249]


Commonwealth Edison Company (Dresden Nuclear Power Station, Units 
2 and 3); Exemption

I

    Commonwealth Edison Company (ComEd, the licensee) is the holder of 
Facility Operating Licenses Nos. DPR-19 and DPR-25 for the Dresden 
Nuclear Power Station, Units 2 and 3. 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.
    Dresden Nuclear Power Station consists of two boiling water 
reactors located in Grundy County, Illinois.

II

    Title 10 of the Code of Federal Regulations (10 CFR), Section 
50.48, ``Fire protection,'' paragraph (b) states, in part, that ``all 
nuclear power plants licensed to operate prior to January 1, 1979 shall 
satisfy the applicable requirements of appendix R to this part, 
including specifically the requirements of sections III.G, III.J, and 
III.O.'' Appendix R, Section III.J, ``Emergency lighting,'' requires 
that ``Emergency lighting units with at least an 8-hour battery power 
supply shall be provided in all areas needed for operation of safe 
shutdown equipment and in access and egress routes thereto.'' This 
requirement applies to Dresden Nuclear Power Station, Units 2 and 3, 
since they were licensed to operate prior to January 1, 1979.

III

    Section 50.12(a) of 10 CFR, ``Specific exemptions,'' states:

    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)of 10 CFR states that special circumstances are 
present whenever ``(ii) Application of the regulation in the particular 
circumstances * * * is not necessary to achieve the underlying purpose 
of the rule * * *. ''
    Equipment needed for safe shutdown at Dresden, Units 2 and 3, is 
maintained inside the main power block and several buildings onsite. 
Emergency lighting is provided inside these buildings for areas needed 
for operation of safe shutdown equipment and for access and egress 
routes in accordance with 10 CFR Part 50, Appendix R, Section III.J. 
However, no emergency lighting meeting Section III.J requirements has 
been installed for outdoor routes between the main power block, the 
isolation condenser pumphouse, the cribhouse, or at the clean 
demineralized water storage tank (CDST). Because of cost and 
maintenance considerations, and after determining that application of 
Section III.J was not necessary to achieve the underlying purpose of 
the rule, the licensee submitted an exemption request with respect to 
emergency lighting for these outdoor routes and for reading the CDST 
level instrument.
    The requested exemption from the requirements of Appendix R, 
Section III.J, would allow the use of hand-held portable lights, in the 
event that sufficient daylight or security lighting is not available, 
when transiting access and egress routes between the main power block, 
the isolation condenser pumphouse, the cribhouse, and the CDST, 
including reading the CDST level instrument. These buildings contain 
equipment relied upon in the detailed fire plans to mitigate the 
consequences of a fire that could affect the capability to place the 
reactor in cold shutdown. As stated above, emergency lighting is 
maintained within these structures as required by Appendix R, Section 
III.J. However, access and egress between these buildings, the CDST, 
and the main power block requires walking outdoors. These areas are 
normally lit by outdoor lighting powered by offsite power or emergency 
power from the security diesel. However, the normally installed outdoor 
and security lighting does not meet the Appendix R requirements for an 
8-hour battery power supply.
    Under the proposed exemption, in the worst-case scenarios that 
postulate a fire concurrent with a loss of offsite power, the hand-
held, battery-powered, portable lighting units currently maintained on 
site near the main control room would be used by the operations staff 
to allow transit between buildings and reading the CDST level 
instrument as required by the fire plans and operations procedures. The 
transit routes through these areas are along normally traveled and 
paved plant roadways that are maintained clear of obstructions and are 
provided snow removal. The portable lighting units provide an adequate 
level of illumination for transit and reading the CDST level 
instrument.
    The hand-held, battery-powered, portable lighting units are 
administratively controlled and dedicated for operator use to perform 
safe shutdown activities during and following plant fires. These 
portable lighting units are verified to be functional in quarterly 
surveillance.
    The underlying purpose of 10 CFR Part 50, Appendix R, Section 
III.J, is to provide adequate illumination to assure the capability of 
performing all necessary safe shutdown functions, as well as to assure 
personnel movement to and from the equipment and components that must 
be manually operated by plant personnel to effect safe shutdown during 
emergencies. In addition, the illumination must have a capability to 
allow sufficient time for normal lighting to be restored.
    The availability of hand-held, battery-powered portable lights 
would serve the underlying purpose of the rule with respect to transit 
between the main power block, the isolation condenser pumphouse, the 
cribhouse, and the CDST, in that the use of such hand-held lights would 
provide adequate illumination to permit access to and egress from 
buildings containing safe shutdown equipment and components and reading 
the CDST level instrument. In addition, such hand-held lights would be 
available for use during an 8-hour period as required by the 
regulation.
    The implementation of outdoor battery powered lighting units would 
result in expenditure of engineering, construction, and plant resources 
for their installation, maintenance, and operation. The associated 
costs would include engineering and installation of additional lighting 
units and supporting structures and increase surveillance and

[[Page 794]]

maintenance of the additional lighting units.
    On the basis of its evaluation, the staff concludes that with the 
availability of hand-held battery-powered portable lights for use 
during transit between site structures described above and for reading 
the CDST level instrument, the installation of emergency lighting units 
with at least an 8-hour battery supply for these transit routes and the 
CDST level instrument is not necessary to achieve the underlying 
purpose of Section III.J of Appendix R to 10 CFR Part 50. Thus, special 
circumstances are present as defined in 10 CFR 50.12(a)(2)(ii). The 
staff has further determined that, pursuant to 10 CFR 50.12, the 
requested 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. Accordingly, the licensee's request for an 
exemption from the requirements of Section III.J to 10 CFR Part 50 to 
allow the use of alternate means of lighting for access and egress 
routes between the main power block, the isolation condenser pumphouse, 
the cribhouse, the CDST, and for reading the CDST level instrument at 
Dresden, Units 2 and 3, is acceptable to the staff.
    In consideration of the foregoing, the Commission hereby grants the 
licensee an exemption from the requirements of 10 CFR Part 50, Appendix 
R, Section III.J, to provide emergency lighting units with at least an 
8-hour battery power supply in all areas needed for operation of safe 
shutdown equipment and in access and egress routes thereto, for access 
and egress routes between the main power block, the isolation condenser 
pumphouse, the cribhouse, the CDST, and for reading the CDST level 
instrument at Dresden, Units 2 and 3, to the extent alternative means 
of lighting as described herein are available.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant effect on the 
quality of the human environment (64 FR 72701).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 30th day of December 1999.

    For the Nuclear Regulatory Commission.
Suzanne C. Black,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 00-254 Filed 1-5-00; 8:45 am]
BILLING CODE 7590-01-P