3F0213-09, Request for Schedule Relaxation Associated with the Fukushima Orders (EA-12-049 and EA-12-051)

Request for Schedule Relaxation Associated with the Fukushima Orders (EA-12-049 and EA-12-051)

ML13056A004
Person / Time
Site:	Crystal River
Issue date:	02/20/2013
From:	Franke J Duke Energy Corp, Florida Power Corp
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
3F0213-09, EA-12-049, EA-12-051
Download: ML13056A004 (4)

Text

P'Duke E Energy Crystal River Nuclear Plant Docket No. 50-302 Operating License No. DPR-72 Ref: 10 CFR 50.4 February 20, 2013 3F0213-09 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001

Subject:

Crystal River Unit 3 - Request for Schedule Relaxation Associated with the Fukushima Orders (EA-I12-049 and EA-12-05 1)

References:

1. EA-12-049, "Issuance of Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events," dated March 12, 2012 (Accession No. ML12054A735)

2. EA- 12-051, "Issuance of Order to Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation," dated March 12, 2012 (Accession No. ML12054A679)

3. Duke Energy to NRC Letter, "Carolina Power & Light Company and Florida Power Corporation's Initial Status Report In Response To March 12, 2012, Commission Order Modifying Licenses With Regard To Requirements For Mitigation Strategies For Beyond-Design-Basis External Events (Order Number EA-12-049)," dated October 29, 2012 (Accession No. ML12307A021)

4. Duke Energy to NRC Letter, "Carolina Power & Light Company And Florida Power Corporation's Initial Status Report In Response To March 12, 2012, Commission Order Modifying Licenses With Regard To Requirements For Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)," dated October 29, 2012 (Accession No. ML12307A020)

5. CR-3 to NRC Letter, "Crystal River Unit 3 - Certification of Permanent Cessation of Power Operations and that Fuel Has Been Permanently Removed from the Reactor," dated February 20, 2013

Dear Sir:

Florida Power Corporation (FPC) is obligated to submit an Overall Integrated Plan (OIP) on or before February 28, 2013, regarding implementation of Orders EA-12-049 and EA-12-051 at Crystal River Unit 3 (CR-3). FPC was diligently working to fully comply with this obligation when Duke Energy, the parent company for FPC, announced on February 5, 2013, that CR-3 would be retired. This announcement significantly impacts the OIPs that had been prepared for CR-3. Therefore, FPC is requesting an extension of the OIP submittal due date by six months, to August 28, 2013, in order to complete a review and assessment of the above Orders and associated OIPs for their continued applicability and to ensure their completeness and accuracy in light of this new and significant information. The certification of permanent cessation of power operations and that fuel has been permanently removed from the reactor vessel, per 10 CFR 50.82(a)(1)(i) and 10 CFR 50.82(a)(1)(ii), for CR-3 is being concurrently submitted via Reference 5.

Crystal River Nuclear Plant 15760 W. Power Line Street "

Crystal River, FL 34428 ..

U. S. Nuclear Regulatory Commission Page 2 of 4 3F0213-09 Order EA-12-051 requires that reliable spent fuel instrumentation be installed in the spent fuel pools (SFPs). Interim Staff Guidance (ISG) JLD-ISG-2012-03, "Compliance with Order EA 051, Reliable Spent Fuel Pool Instrumentation," was issued in order to provide guidance for complying with Order EA- 12-051." JLD-ISG-2012-03 endorsed NEI 12-02, "Industry Guidance for Compliance with NRC Order EA-12-051," with exceptions. However, there were no exceptions identified to NEI 12-02, Section 2.3, which states, in part:

Conversely,for purposes of implementation of this order and guideline,pools that have the following distinct characteristicsare not spent fuel pools:

Spentfuel pools that contain nofuel used in a reactor vesselfor power generation within the past five years, or CR-3 has been safely shutdown since September 26, 2009, when it shutdown for a refueling outage to replace the steam generators. Since September 26, 2009, fuel was reloaded into the reactor vessel once in anticipation of unit restart. However, restart was subsequently deferred and the fuel was off loaded to the spent fuel pool where it currently resides. The final removal of fuel from the reactor vessel was completed on May 28, 2011. No fuel has been used in the reactor vessel for power generation since the 2009 shutdown began. By the required implementation due date of the Order (i.e., December 31, 2016), fuel at CR-3 will not have been used in the reactor vessel for power generation for over seven years.

Order EA-12-049 requires that mitigating strategies be developed and implemented to maintain or restore core cooling, containment, and spent fuel pool cooling capabilities. The currently prepared strategies at CR-3 assumed concurrent challenges of cooling the core in the vessel, maintaining Reactor Coolant System (RCS) inventory and containment function as well as monitoring and managing conditions in the spent fuel pool. However, these safety functions remain adequately addressed without taking any additional actions:

" There is no fuel in the core to cool. Thus, core cooling is unnecessary.

" The RCS is no longer pressurized or generally subject to forced flow so there is limited motive force to cause leakage.

• The primary challenge to the containment would come from energy losses from the primary and secondary systems during power operations. With the plant shutdown these systems will not appreciably add energy to the containment.

• With all the fuel discharged to the spent fuel pools, this safety function becomes the primary focus. The fuel has not been irradiated for over 3 years and the current heat load would not result in bulk temperatures over 200'F for greater than 95 hours0.0011 days <br />0.0264 hours <br />1.570767e-4 weeks <br />3.61475e-5 months <br /> with no forced cooling. In addition to the capabilities maintained onsite, in accordance with 10 CFR 50.54(hh)(2),

additional resources could be deployed from other Duke Energy facilities to establish make-up capability before boiling would occur.

For the above stated reasons, FPC herein requests that the NRC relax Order requirement IV.C. L.a (submit an OIP by February 28, 2013) for Order EA-12-049 and EA-12-051 by extending the respective CR-3 OIP submittal due date by six months to August 28, 2013, as allowed in Order Section IV. FPC has begun reviewing the Orders and reassessing compliance and completeness and accuracy in light of the new information. Relaxation of Order requirements, related to the

U. S. Nuclear Regulatory Commission Page 3 of 4 3F0213-09 submittal of the respective OIPs, will allow FPC sufficient time to complete this re-review with respect to the applicability of the Orders and ensure the completeness and accuracy of any required OIP factoring in this new and significant information. If portions of the Orders are retained, OIPs will be submitted by August 28, 2013, as applicable.

Therefore, as discussed above, FPC believes it has shown good cause for the relaxation of Order requirement IV.C.l.a (submit an OIP by February 28, 2013) for Order EA-12-049 and EA 051 and requests an extension for the respective CR-3 OIP submittal due date by six months to August 28, 2013.

If you have any questions regarding this submittal, please contact Mr. Dan Westcott, Regulatory Affairs Manager, at (352) 563-4796.

Sincerel Jon Vcs-President Franke C stal River Nuclear Plant JAF/krw xc: NRR Project Manager Fukushima Project Manager Regional Administrator, Region II Senior Resident Inspector

U. S. Nuclear Regulatory Commission Page 4 of 4 3F0213-09 STATE OF FLORIDA COUNTY OF CITRUS Jon A. Franke states that he is the Vice President, Crystal River Nuclear Plant for Florida Power Corporation, that he is authorized on the part of said company to sign and file with the Nuclear Regulatory Commission the information attached hereto; and that all such statements made and matters set forth therein are true and correct to the best of his knowledge, information, and belief.

Jo Franke cePresident Crystal River Nuclear Plant The foregoing document was acknowledged before me this ___ day of 76 ,2013, by Jon A. Franke.

Signature of Notary Public Stat S,. CAROLYN E.PORTMANN

.5-Commission # DD 937553

!1*.,q Expires March 1,2014 T TyFa

, ,",dW n 80.385-7019 (Print, type, or stamp Commissioned Name of Notary Public)

Personally Produced Known / -OR- Identification