[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Page 32849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15271]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-389]


Florida Power and Light Company, et al.; St. Lucie Plant, Unit 
No. 2; Exemption

1.0  Background

    The Florida Power and Light Company, et al. (FPL, the licensee) is 
the holder of Facility Operating License No. NPF-16, which authorizes 
operation of St. Lucie Unit No. 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 St. 
Lucie County, Florida.

2.0  Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 50, 
Section 55a, requires that inservice testing (IST) of certain American 
Society of Mechanical Engineers (ASME) Code Class 1, 2, and 3 pumps and 
valves be performed in accordance with Section XI of the ASME Boiler 
and Pressure Vessel Code. As stated in 10 CFR 50.55a(f)(4)(ii), IST 
programs are to be conducted in successive 120-month intervals. These 
programs must comply with the requirements of the latest edition and 
addenda of the Code incorporated by reference in 10 CFR 50.55a(b)(2) 
twelve months prior to the start of the 120-month interval. Section 
50.55a(f)(5)(i) of 10 CFR requires that a licensee's IST program be 
revised in order to meet these requirements.
    By letter dated November 27, 2000, the licensee requested an 
exemption from the requirements of 10 CFR 50.55a(f)(4)(ii) and 10 CFR 
50.55a(f)(5)(i) in order to revise the IST 120-month interval dates for 
St. Lucie Unit 2. St. Lucie Unit 2 is currently in its second 120-month 
interval, which began on August 8, 1993. The licensee proposes to have 
the end date of the second interval for Unit 2 retroactively changed to 
February 10, 1998, to coincide with the end date of the second interval 
for Unit 1.
    In summary, the second IST interval for St. Lucie Unit 2 would be 
shortened so that the third and future IST intervals for both units 
would coincide.

3.0  Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50, when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present. These include the special 
circumstances that application of the regulation is not necessary to 
achieve the underlying purpose of the rule. The underlying purpose of 
the rule is to assure operational readiness of pumps and valves, whose 
function is required for safety, by conducting an IST program in 
accordance with the requirements of the ASME Code, and periodically 
updating the program to ensure that new code requirements are 
incorporated.
    At the beginning of the third interval for Unit 1, the licensee 
also voluntarily updated the Unit 2 program to the then-required 
edition (1989) of the ASME Code. If the current schedule for Unit 2 
were maintained, the second interval would end on August 7, 2003. At 
that time, the Unit 2 program would be updated to the 1995 edition of 
the ASME Code. The proposed exemption would effectively delay 
implementation of the 1995 edition until February 10, 2008, when the 
fourth interval for both units would commence if the proposed exemption 
is granted.
    Periodic full- or substantial-flow testing of Emergency Core 
Cooling System pumps is one of the safety enhancements offered by the 
1995 edition of the Code. This testing is currently being performed on 
both units during refueling outages, so the licensee already realizes 
this safety enhancement. Therefore, operational readiness of pumps and 
valves, whose function is required for safety, will be adequately 
assured using the existing Code requirements until February 8, 2008. At 
that time, the licensee will update the IST programs for both Units 1 
and 2 to the latest edition and addenda.
    Therefore, the staff concludes that strict adherence to the 120-
month interval is not necessary to achieve the underlying purpose of 10 
CFR 50.55a(f)(4)(ii) and 50.55a(f)(5)(i), and pursuant to 10 CFR 
50.12(a)(2)(ii) special circumstances are present.

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 FPL an exemption from the requirements of 
10 CFR 50.55a(f)(4)(ii) and 10 CFR 50.55a(f)(5)(i) for St. Lucie Unit 
No. 2, based on the circumstances described herein.
    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 30236).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 12th day of June 2001.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Acting Director, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 01-15271 Filed 6-15-01; 8:45 am]
BILLING CODE 7590-01-P