BVY-99-122, Notifies of Intention to Reinstate Original Version of App F in FSAR & Correct Docket Re Assumption That Electrical Power Sys Are Designed IAW Requirements of GDC-17

Notifies of Intention to Reinstate Original Version of App F in FSAR & Correct Docket Re Assumption That Electrical Power Sys Are Designed IAW Requirements of GDC-17

ML20216J677
Person / Time
Site:	Vermont Yankee
Issue date:	09/28/1999
From:	Leach D VERMONT YANKEE NUCLEAR POWER CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
BVY-99-122, NUDOCS 9910060046
Download: ML20216J677 (3)

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VERMONT YANKEE y NUCLEAR POWER CORPORATION 185 Old Ferry Road, Brattleboro, VT 05301 7002

-(802) 257-5271 1

September 28,1999 BVY 99-122 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington,DC 20555 l

l

References:

(a) Staff Requirements Memorandum, "SECY 92-223 - Resolution of Deviations

. Identified During the Systematic Evaluation Program," dated September 18,1992.

(b) Letter, VYNPC to USNRC, " Vermont Yankee Final Safety Analysis Report Update," FVY 82-84, dated July 20,1982.

(c) Letter, USNRC to VYNPC, "Re: Vermont Yankee Nuclear Power Corporation,"

Safety Evaluation, " Adequacy of Station Electric Distribution System Voltages",

NVY 83-81, dated April 13,1983.

(d) Letter, VYNPC to USNRC, " Adequacy of Station Electric Distribution System  !

- Voltages," WVY 80-44, dated March 17,1980.

(e) Letter, USNRC (W. Gammill) to All Power Reactor Licensees, dated August 8, 1979.

Subject:

Vermont Yankee Nuclear Power Station License No. DPR-28 (Docket No. 50-271)

Vermont Yankee Position Renardine the General Desien Criteria l

in Reference (a), the Commission approved a Staff proposal stating "the staff will not apply the General Design Criteria (GDC) to plants with construction permits issued prior to May 21,1971." Reference (a) also stated that "each plant licensed before the GDC were formally adopted was evaluated on a plant specific basis, determined to be safe, and licensed by the Commission. Furthermore, current regulatory g processes are sufficient to ensure that plants continue to be safe and comply with the intent of the GDC. I Backfitting the GDC would provide little or no safety benefit while requiring an extensive commitment of resources. Plants with construction permits issued prior to May 21,1971 do not need exemptions  ;

from the GDC." Vermont Yankee's construction permit was issued by the Atomic Energy Commission in December of 1967.

l Ten years prior to issuance of this NRC position, Vermont Yankee (VY) submitted, via Reference (b), an update to Appendix F of our Final Safety Analysis Report that showed how the design and construction I- of Vermont Yankee met the intent of the GDC. Lacking more specific guidance concerning NRC k expectations for licensee adoption of the then-cm rent (1978) version of the final GDC, Vermont Yankee 6 decided that it was prudent to confirm our understanding of the GDC in a docketed submittal, despite the fact that the plant was explicitly licensed to the draft AEC design criteria issued in 1967. With the subsequent release of Reference (a), the bases for the 1982 Appendix F rewrite were obviated.

Therefore, the primary purpose of this letter is to notify the NRC that VY intends to reinstate the original version of Appendix F in our FSAR. While this may be done under the provisions of 10CFR50.59 and reported later in accordance with 10CFR50.71(e), doing so will cause a conflict with other docketed correspondence that must be resolved before we can proceed.

99g g e.n O PDR ADOCK 05000271 P POR

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VmMONT YAnn Nt'emAit l'owntit Cmti ostATioN

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. BVY 94r122 / Pase 2'of 2

'In previously docketed correspondence addressing the adequacy of station electric distribution system

, voltages pursuant to Reference (e), Vermont Yankee's " compliance with GDC-17" was discussed, VY's 1980 assertion that our review of electric distribution systems "found total compliance with GDC-17"

. [ Reference (d)] apparently caused the FSAR update submitted in 1982 to contain more stringent language for GDC-17 than for the other criteria; specifically, " . . Off-site and On-site Electric Power Systems are designed in accordance with the requirements of GDC-17." He NRC responded in 1983

.that "VYNPC's reaffirmation of complian~ce with GDC-17 requirements is acceptable" [ Reference (c)].

Vermont Yankee does'not believe that this correspondence was intended to singularly and uniquely

~

impose compliance with one of the sixty four GDC while remaining silent about the others, especially in' light of the later regulatory action excluding pre-1971 licensees from such compliance. Reconsideration of the previous VY-NRC dialogue is necessary at this time because reinstatement of the original FSAR Appendix F will also reverse the incorporation of the current GDC-17 language, which the NRC may have relied on in issuing Reference (c).

Therefore, the second purpose of this letter is to correct the docket regarding the assumption that Vermont Yankee's electrical power systems are " designed in accordance with the requirements of GDC-17;" they are, in fc.r, designed in accordance with proposed AEC Criteria 24 and 39 from the 1967 draft -

GDC, which have been found to collectively meet the intent of the final GDC-17. He mention of

" compliance _ with GDC-17" in the previously-docketed correspondence and the GDC-17 wording in

- Appendix F of the FSAR were improperly applied. He above clarification is intended to supersede statements in Reference (d) regarding GDC-17 compliance, and Appendix F will be revised accordingly.

, His will eliminate the conflict between those statements and the other GDC language in the current Appendix F, and will allow us to replace that revision with the original version under the provisions of 10CFR50.59. He 1967 draft GDC are part of Vermont Yankee's original design and licensing bases, but the final GDC are not. As recognized by the Commission, strict compliance with one or more of the final GDC should not be expected or imposed; the intent will continue to be met as discussed in Reference (a).

Consistent with the intent of References (c) and (e), Vermont Yankee requests NRC acceptr a of this supplemental position. If you have any questions regarding this matter, please contact Mi. Wayne M.

Limberger at(802)258-4237.

Sincerely, VERMONT YANKEE NUCLEAR POWER CORPORATION 7//

Vice President, Engineering

(,/

cc: USNRC Region I Administrator USNRC ResidentInspector- VYNPS

, USNRC Project Manager-VYNPS Vennont Department of Public Service J

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SUMMARY

OF VERMONT YANKEE COMMITMENTS

' llVY NO.: 22-121 The following table identifies commitments made in this document by Vermont Yankee. Any other actions discussed in the submittal represent intended or planned actions by Vermont Yankee. They are described to the NRC for the NRC's information and are not regulatory commitments. Please notify the Licensing

, Manager of any questions regarding this document or any associated commitments.

COMMITMENT COMMITTED DATE OR " OUTAGE" None N/A VYAPF 0058.04 (Sample)

AP 0058 Original Page1of1 f _ u