[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)] [Notices] [Pages 27605-27606] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-13189] [[Page 27605]] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-266 and 50-301] In the Matter of Wisconsin Electric Power Company (Point Beach Nuclear Plant, Unit Nos. 1 and 2); Exemption I Wisconsin Electric Power Company (the licensee) is the holder of Facility Operating License Nos. DPR-24 and DPR-27, which authorize operation of the Point Beach Nuclear Plant, Units 1 and 2, respectively. 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. The facility consists of two pressurized-water reactors located at the licensee's site in Manitowoc County, Wisconsin. II The Code of Federal Regulations at 10 CFR 50.48, ``Fire Protection,'' requires that nuclear power plants licensed to operate prior to January 1, 1979, meet Appendix R, ``Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,'' 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.'' Equipment needed for safe shutdown after a fire at Point Beach Nuclear Plant 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 these buildings. 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 these outdoor routes. 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, normal lighting, or security lighting is not available, when transiting (access and egress routes) between the main power block and buildings separated from the main power block, namely, the diesel generator building (G-03 and G-04), 13.8 kV switchgear building, service water and fire pump house, fuel oil pump house, gas turbine building, and warehouse 3. 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 and the main power block require walking outdoors. The areas outside of and between these buildings are paved, commonly used for vehicular traffic, and are maintained clear of snow and other obstructions. 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 in four ``abnormal operating procedure'' (AOP) packs located in the control room and additional hand-held, battery-powered, portable lighting units maintained by operations personnel would be used, under the proposed exemption, by the operations staff to allow transit between buildings to safely perform the functions required by the fire plans and operations procedures. Each of the four AOP packs contain a hand-held, battery-powered, portable lighting unit in addition to tools. Each hand-held, battery-powered, portable lighting unit is verified to be operable in a monthly surveillance and the batteries are replaced every 6 months. III 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 the public health or safety, and are consistent with the common defense and security, and (2) when special circumstances are present. Special circumstances are present whenever, according to 10 CFR 50.12(a)(2)(ii), ``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 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. To achieve safe shutdown during a plant emergency, personnel may be required to go to and from buildings outside the main power block to control equipment locally, monitor equipment status, or obtain equipment, such as fans or repair materials. Any equipment that would need to be obtained could be carried with one hand or, if necessary, transported on wheeled carts. In the latter case, a minimum of two individuals would be available, one of whom could provide the necessary lighting if needed. 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 and the separate buildings identified above, 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, yet would not significantly hinder the transportation of equipment if such is necessary during a plant emergency. In addition, such hand-held lights would be available for use during an 8-hour period contemplated by the regulation. 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, the installation of emergency lighting units with at least an 8-hour battery power supply for these transit routes is not necessary to achieve the underlying purpose of Section III.J of Appendix R to 10 CFR part 50. The licensee's request for an exemption from the requirements of Section III.J to 10 CFR part 50 to allow the use of alternative means of lighting for access and egress routes between the main power block and the diesel generator building, 13.8 kV switchgear building, service water and fire pump house, fuel oil pump house, gas turbine building, and warehouse 3 is acceptable to the staff. IV Accordingly, the Commission has determined, pursuant to 10 CFR 50.12, 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 [[Page 27606]] present in that application of the regulation in these particular circumstances is not necessary to achieve the underlying purpose of the rule. Therefore, the Commission hereby grants the Wisconsin Electric Power Company an exemption from the requirements of 10 CFR part 50, Appendix R, Section III.J, with respect to access and egress routes between the main power block and the diesel generator building, 13.8 kV switchgear building, service water and fire pump house, fuel oil pump house, gas turbine building, and warehouse 3 at Point Beach Nuclear Plant, Units 1 and 2, to the extent alternative means of lighting as described herein are available. 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 46381). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 7th day of April 1998. For The Nuclear Regulatory Commission. Samuel J. Collins, Director, Office of Nuclear Reactor Regulation. [FR Doc. 98-13189 Filed 5-18-98; 8:45 am] BILLING CODE 7590-01-P