[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Notices]
[Pages 21188-21189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10495]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-412]


Pennsylvania Power Company, Ohio Edison Company, FirstEnergy 
Nuclear Operating Company, Beaver Valley Power Station, Unit No. 2 
(BVPS-2); Exemption

1.0  Background

    The FirstEnergy Nuclear Operating Company (FENOC, et al., the 
licensee) is the holder of Facility Operating License No. NPF-73 which 
authorizes operation of BVPS-2. The license provides, among other 
things, that the facility is subject to all rules, regulations, and 
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) 
now or hereafter in effect.
    The facility consists of a pressurized water reactor located in 
Shippingport, Pennsylvania.

2.0  Purpose

    Title 10 of the Code of Federal Regulations (10 CFR), Part 50, 
Section 50.71, ``Maintenance of Records, Making of Reports,'' paragraph 
(e)(4) states, in part, ``Subsequent revisions must be filed annually 
or 6 months after each refueling outage provided the interval between 
successive updates does not exceed 24 months. The revisions must 
reflect all changes up to a maximum of 6 months prior to the date of 
filing.'' The most recent outage for BVPS-2 was completed on October 
25, 2000, and the latest revision to the BVPS-2 Final Safety Analysis 
Report (FSAR) was filed on April 30, 1999. The licensee would be 
required to submit the next revision to the BVPS-2 FSAR by April 25, 
2001, and that revision would be required to reflect all changes up to 
a maximum of 6 months prior to the date of filing. The need for the 
proposed exemption is based on taking advantage of the efficiencies of 
the NRC's recently commissioned electronic information exchange (EIE) 
process which allows licensees to voluntarily submit documents to the 
NRC over the internet or on a CD-ROM. The NRC issued Regulatory Issue 
Summary (RIS) 2001-05, ``Guidance on Submitting Documents to the NRC by 
Electronic Information Exchange or on CD-ROM,'' on January 25, 2001 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML003768343).

3.0  Discussion

    Section 50.12(a) of 10 CFR, ``Specific exemption,'' states that * * 
* ``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)(v) of 10 CFR states that special circumstances 
are present when ``The exemption would provide only temporary relief 
from the applicable regulation and the licensee or applicant has made 
good faith efforts to comply with the regulation. * * *'' The NRC staff 
finds that the exemption provides temporary relief from the regulatory 
requirements of 10 CFR 50.71(e)(4) by extending the filing deadline 
from April 25, 2001, to August 23, 2001 (the requirement to reflect all 
changes up to a maximum of 6 months prior to the date of filing is 
revised to reflect all changes through, at least, October 25, 2000). In 
addition, prior to the issuance of RIS 2001-05 on January 25, 2001 
(ADAMS Accession No. ML003768343), the licensee was preparing to issue 
the numerous hard copies of the FSAR revision in accordance with 10 CFR 
50.71(e)(4) and 50.4, ``Written Communications.'' An additional 120 
days reflects the estimated time required for production of an 
electronic version in lieu of a hardcopy. With the issuance of RIS 
2001-05 on January 25, 2001, the NRC informed licensees that they may 
submit documents to the NRC over the internet by the EIE process or on 
a CD-ROM if they follow certain procedures. The guidance is applicable 
to the submission of FSAR revisions. It also waives requirements that 
multiple copies of documents be submitted to the NRC. The licensee 
requested this exemption to take advantage of the efficiencies of this 
new process. Due to the efforts the licensee has indicated it has 
undertaken with regard to the preparation of the FSAR revision and to 
the participation in the recently commissioned EIE process, the NRC 
staff finds that the licensee has made good faith efforts to comply 
with the regulation.
    Therefore, the staff concludes that granting an exemption under the 
special circumstances of 10 CFR 50.12(a)(2)(v) is appropriate and that 
the requirement for filing the next revision to the BVPS-2 FSAR may be 
extended to no later than August 23, 2001. This revision should include 
all changes through, at least, October 25, 2000.

4.0  Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not endanger life or 
property or common defense and security, and is, otherwise, in the 
public interest. Also, special circumstances are present. Therefore, 
the Commission hereby grants FENOC an exemption from the requirements 
of 10 CFR 50.71(e)(4) for BVPS-2.
    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 (66 FR 20489).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 23rd day of April 2001.


[[Page 21189]]


    For the Nuclear Regulatory Commission.
John Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 01-10495 Filed 4-26-01; 8:45 am]
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