Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Notices 23051

Estimated Total Burden Hours:

119,497 hours.

Estimated Cost (Operation and

Maintenance): $0.

IV. Authority and Signature

R. Davis Layne, Acting Assistant

Secretary of Labor for Occupational

Safety and Health, directed the

preparation of this notice. The authority

for this notice is the Paperwork

Reduction Act of 1995 (44 U.S.C. 3506)

and Secretary of Labor’s Order No. 3–

2000 (65 FR 50017).

Signed at Washington, DC on May 1st,

2001.

R. Davis Layne,

Acting Assistant Secretary of Labor.

[FR Doc. 01–11389 Filed 5–4–01; 8:45 am]

BILLING CODE 4510–26–M

NUCLEAR REGULATORY

COMMISSION

[50–305]

Nuclear Management Company, LLC;

Kewaunee Nuclear Power Plant;

Exemption

1.0 Background

Nuclear Management Company, LLC

(the licensee) is the holder of Facility

Operating License No. DPR–43, which

authorizes operation of the Kewaunee

Nuclear Power Plant (KNPP). The

license provides, among other things,

that the facility is subject to all rules,

regulations, and orders of the U.S.

Nuclear Regulatory Commission (the

Commission) now or hereafter in effect.

The facility consists of a pressurized

water reactor located on the licensee’s

KNPP site in Kewaunee County,

Wisconsin.

2.0 Request

By letter dated June 7, 1999, as

supplemented February 4, September

26, December 18, 2000, and March 12,

2001, Wisconsin Public Service

Corporation (WPSC) proposed three

exemptions and a license amendment

which affect the licensing basis of the

KNPP reactor pressure vessel (RPV).

Subsequently, WPSC was succeeded by

Nuclear Management Company, LLC

(NMC), as the licensed operator of the

KNPP. By letter dated October 5, 2000,

NMC (the licensee) requested the

Nuclear Regulatory Commission (NRC)

staff continue to process and disposition

licensing actions previously docketed

and requested by WPSC. By letter dated

December 18, 2000, the licensee

withdrew the license amendment.

The three exemptions requested by

the licensee address portions of the

following regulations: (1) Appendix G to

10 CFR Part 50, which sets forth fracture

toughness requirements for ferritic

materials of pressure-retaining

components of the reactor coolant

pressure boundary of light water nuclear

power reactors to provide adequate

margins of safety during any condition

of normal operation, including

anticipated operational occurrences and

system hydrostatic tests, to which the

pressure boundary may be subjected

over its service lifetime; (2) 10 CFR

50.61, which sets forth fracture

toughness requirements for protection

against pressurized thermal shock (PTS)

events; and (3) Appendix H to 10 CFR

Part 50, which requires the

establishment of a RPV material

surveillance program.

The licensee requested an exemption

from Appendix G to 10 CFR Part 50 to

replace the required use of the existing

Charpy V-notch and drop weight-based

methodology and allow the use an

alternate methodology to incorporate

the use of fracture toughness test data

for evaluating the integrity of the KNPP

RPV circumferential beltline weld based

on the use of the 1997 Edition of

American Society for Testing and

Materials (ASTM) Standard Test

Method E 1921 (E 1921–97) and

American Society for Mechanical

Engineering (ASME) Code Case N–629.

The exemption is required since

Appendix G to 10 CFR Part 50, through

reference to Appendix G to Section XI

of the ASME Code pursuant to 10 CFR

50.55(a), requires the use of a

methodology based on Charpy V-notch

and drop weight data.

The licensee requested an exemption

from 10 CFR 50.61 to use an alternate

methodology to allow the use of fracture

toughness test data for evaluating the

integrity of the KNPP RPV

circumferential beltline weld based on

the use of the 1997 Edition of ASTM E

1921–97 and ASME Code Case N–629.

The exemption is required since the

methodology for evaluating RPV

material fracture toughness in 10 CFR

50.61 requires the use of the Charpy Vnotch and drop weight data for

establishing the PTS reference

temperature (RTPTS).

The licensee requested an exemption

from Appendix H to 10 CFR Part 50 to

modify the basis for the KNPP RPV

surveillance program to allow the

acquisition and use of fracture

toughness data instead of the Charpy Vnotch impact testing required by

Appendix H to 10 CFR Part 50. The

exemption is required since Appendix

H to 10 CFR Part 50 does not address

the testing of surveillance specimens for

direct measurement of fracture

toughness.

3.0 Discussion

10 CFR 50.12(a)(2)(ii) enables the

Commission to grant exemptions from

the requirements of Part 50 when

special circumstances are present such

that application of the regulation in the

particular circumstances would not

serve the underlying purpose of the

rule, or is not necessary to achieve the

underlying purpose of the rule.

The underlying purpose of Appendix

G to 10 CFR Part 50 is to set forth

fracture toughness requirements for

ferritic materials of pressure-retaining

components of the reactor coolant

pressure boundary of light water nuclear

power reactors to provide adequate

margins of safety during any condition

of normal operation, including

anticipated operational occurrences and

system hydrostatic tests, to which the

pressure boundary may be subjected

over its service lifetime.

The methodology underlying the

requirements of Appendix G to 10 CFR

Part 50 is based on the use of Charpy Vnotch and drop weight data. The

licensee proposes to replace the use of

the existing Charpy V-notch and drop

weight-based methodology by a fracture

toughness-based methodology to

demonstrate compliance with Appendix

G to 10 CFR Part 50. The NRC staff has

concluded that the exemption is

justified based on the licensee utilizing

the fracture toughness methodology

specified in Appendix A of the NRC

staff safety evaluation (SE), dated May 1,

2001. The use of the methodology

specified in Appendix A of the NRC

staff SE will ensure that P–T limits

developed for the KNPP RPV will

continue to be based on an adequately

conservative estimate of RPV material

properties and ensure that the pressureretaining components of the reactor

coolant pressure boundary retain

adequate margins of safety during any

condition of normal operation,

including anticipated operational

occurrences. Also, when additional

fracture toughness data relevant to the

evaluation of the KNPP RPV

circumferential weld is acquired as part

of the KNPP surveillance program, this

data must be incorporated into the

evaluation of the KNPP RPV using the

methodology of Appendix A of the NRC

staff SE. With these conditions, which

were agreed to by licensee letter, dated

March 12, 2001, the licensee’s requested

exemption from the use of the Charpy

V-notch and drop weight-based

methodology required by Appendix G to

10 CFR Part 50 may be granted in

accordance with 10 CFR 50.12(ii) in that

23052 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Notices

special circumstances are present since

application of the regulation in the

particular circumstances is not

necessary to achieve the underlying

purpose of the rule. The foregoing

exemption only modifies the

methodology to be used by the licensee

for demonstrating compliance with the

requirements of Appendix G to 10 CFR

Part 50, and does not exempt the

licensee from meeting any other

requirement of Appendix G to 10 CFR

Part 50.

The underlying purpose of 10 CFR

50.61 is to establish requirements which

ensure that a licensee’s RPV will be

protected from failure during a PTS

event by evaluating the fracture

toughness of RPV materials.

The licensee seeks an exemption to 10

CFR 50.61 requirement to use a

methodology for the ‘‘determination of

adjusted/indexing reference

temperatures.’’ The licensee proposes to

use ASME Code Case N–629 and the

methodology outlined in its submittal,

which are based on the use of fracture

toughness data, as an alternative to the

Charpy V-notch and drop weight-based

methodology required by 10 CFR 50.61

for establishing the PTS RTPTS. The NRC

staff has concluded that the exemption

is justified based on the licensee

utilizing the methodology specified in

Appendix A of the NRC staff SE, dated

May 1, 2001. The use of the

methodology specified in Appendix A

of the NRC staff SE will ensure the PTS

evaluation developed for the KNPP RPV

will continue to be based on an

adequately conservative estimate of RPV

material properties and ensure the RPV

will be protected from failure during a

PTS event. Also, when additional

fracture toughness data relevant to the

evaluation of the KNPP RPV

circumferential weld is acquired as part

of the KNPP surveillance program, this

data must be incorporated into the

evaluation of the KNPP RPV using the

methodology of Appendix A of the NRC

staff SE. With these conditions, which

were as agreed to by licensee letter,

dated March 12, 2001, the licensee’s

requested exemption from the use of the

Charpy V-notch and drop weight-based

methodology required by 10 CFR 50.61

may be granted in accordance with 10

CFR 50.12(ii) in that special

circumstances are present since

application of the regulation in the

particular circumstances is not

necessary to achieve the underlying

purpose of the rule. The foregoing

exemption only modifies the

methodology to be used by the licensee

for demonstrating compliance with the

requirements of 10 CFR 50.61, and does

not exempt the licensee from meeting

any other requirement of 10 CFR 50.61.

Appendix H to 10 CFR Part 50

requires that, ‘‘[f]or each capsule

withdrawal, the test procedures and

reporting requirements must meet the

requirements of ASTM E 185–82 [the

1982 edition] to the extent practicable

for the configuration of the specimens in

the capsule.’’ ASTM Standard Practice E

185–82 requires Charpy V-notch impact

testing, but does not address the testing

of surveillance specimens for direct

measurement of fracture toughness,

either as a requirement or as an optional

action. The exemption would permit the

licensee to utilize alternative

surveillance program testing

requirements and permit the acquisition

of fracture toughness data for the

surveillance weld as the basis for the

KNPP RPV surveillance program.

The underlying purpose of Appendix

H to 10 CFR Part 50 is to acquire data

to, ‘‘* * * monitor changes in the

fracture toughness properties of ferritic

materials in the reactor vessel beltline

region of light water nuclear power

reactors which result from exposure of

these materials to neutron irradiation

and the thermal environment.’’ As

discussed in the NRC staff SE, dated

May 1, 2001, the licensee’s alternate

surveillance program requirements and

the acquisition of data will adequately

monitor the change in RPV fracture

toughness and provide input to the

approved fracture toughness-based

methodology for RPV integrity.

Therefore, the NRC staff concludes that

this exemption may be granted because

the special circumstances required by

10 CFR 50.12(a)(ii) are present in that

application of the regulation [i.e., the

Charpy V-Notch-based testing practices

specified by Appendix H to 10 CFR Part

50] in the particular circumstances is

not necessary to achieve the underlying

purpose of the rule.

4.0 Conclusion

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), the exemptions are authorized

by law, will not endanger life or

property or common defense and

security, and is, otherwise, in the public

interest. Therefore, the Commission

hereby grants Nuclear Management

Company, LLC, exemptions from

portions of the requirements of

Appendix G to 10 CFR Part 50; 10 CFR

50.61; and, Appendix H to 10 CFR Part

50, to allow an alternative methodology

that is based on using of fracture

toughness test data for evaluating the

integrity of the KNPP RPV

circumferential beltline weld with the

following conditions:

(1) The licensee must utilize the

methodology specified in Appendix A

of the NRC staff SE, dated May 1, 2001;

(2) When additional fracture

toughness data relevant to the

evaluation of the KNPP RPV

circumferential weld is acquired as part

of the KNPP surveillance program, this

data must be incorporated into the

evaluation of the KNPP RPV using the

methodology of Appendix A of the NRC

staff SE; and

(3) The licensee must obtain the

following regarding the next

surveillance capsule: (a) a valid

measurement of the fracture toughnessbased T0 parameter for the KNPP RPV

surveillance weld, (b) an estimate of the

Charpy V-notch 30 ft-lb transition

temperature shift for the surveillance

weld, and (c) an estimate of the upper

shelf energy drop for the surveillance

weld.

Pursuant to 10 CFR 51.32, an

environmental assessment and finding

of no significant impact has been

prepared and published in the Federal

Register (66 FR 21787). Accordingly,

based upon the environmental

assessment, the Commission has

determined that the granting of this

exemption will not result in any

significant effect on the quality of the

human environment.

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 1st day

of May 2001.

For the Nuclear Regulatory Commission.

John A. Zwolinski,

Director, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–11388 Filed 5–4–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Docket No. 72–5

Nuclear Management Corporation;

Issuance of Environmental

Assessment and Finding of No

Significant Impact

The U.S. Nuclear Regulatory

Commission (NRC or the Commission)

is considering issuance of an exemption,

pursuant to 10 CFR 72.7, from the

provisions of 10 CFR 72.48 to Nuclear

Management Corporation (NMC). The

requested exemption would allow NMC

to implement the amended 10 CFR

72.48 requirements on September 7,

2001, for the Independent Spent Fuel

Storage Installation (ISFSI) at the Point

Beach Nuclear Plant (PBNP) in

Manitowoc County, Wisconsin.