ML021900223

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Denial of Request for Emergency Processing of 2 License Amendment Requests, TAC Nos. MB2896 and MB5123
ML021900223
Person / Time
Site: Cooper Entergy icon.png
Issue date: 07/11/2002
From: Ruland W
NRC/NRR/DLPM/LPD4
To: Denise Wilson
Nebraska Public Power District (NPPD)
Thadani M, NRR/DLPM, 415-1476
References
TAC MB2896, TAC MB5123
Download: ML021900223 (5)


Text

July 11, 2002 Mr. David L. Wilson Vice President of Nuclear Energy Nebraska Public Power District P. O. Box 98 Brownville, NE 68321

SUBJECT:

COOPER NUCLEAR STATION (CNS) - REQUEST FOR EMERGENCY PROCESSING OF PROPOSED LICENSE AMENDMENT REQUESTS FOR EMERGENCY CORE COOLING SYSTEM (ECCS) PUMP NET POSITIVE SUCTION HEAD (NPSH) REQUIREMENTS AND ULTIMATE HEAT SINK (UHS)

AND REACTOR EQUIPMENT COOLING (REC) WATER TEMPERATURE REQUIREMENTS (TAC NOS. MB2896 AND MB5123)

Dear Mr. Wilson:

This is in response to your letter dated July 3, 2002, in which you requested emergency processing of two license amendment requests submitted on July 30, 2001, and May 20, 2002, by the Nebraska Public Power District (NPPD). By letter dated July 30, 2001, you requested an amendment for the ECCS pump NPSH requirements and by letter dated May 20, 2002, you requested an amendment for the UHS and REC water temperature requirements.

In your letter of July 3, 2002, you provided the following rationale for your request for emergency processing of your two license amendment requests. You stated that the current situation at CNS satisfies the criteria for an emergency as outlined in Regulation 50.91(a)(5) of Title 10 of the Code of Federal Regulations (10 CFR) in that CNS Technical Specifications (TSs) 3.7.2 and 3.7.3 require a hot shutdown of the plant in 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and cold shutdown of the plant in 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> in the event the temperature of the Missouri River, the UHS for CNS, exceeds the TS temperature limit (90EF) or REC water temperature exceeds TS limit (95°F). You stated that this emergency situation is caused by environmental factors beyond the control of NPPD.

During the evening of June 30, 2002, the temperature of the Missouri River exceeded 85EF.

You indicated that taking the uncertainty of the permanent instrumentation into account, the plant staff must begin to take action at 87EF to place the plant in shutdown. You concluded that the combination of natural phenomena and the standard regulatory process (30-day public comment period for the NPSH amendment) could result in an unwarranted plant shutdown.

The regulation 10 CFR 50.91(a)(5) requires licensees to "explain why this emergency situation occurred and why it could not avoid this situation." Your letter of July 3, 2002, did not address why the emergency could not be avoided. Therefore, the NRC staff determined not to act on your request pursuant to 10 CFR 50.91(a)(5), as requested in your letter. However, the staff has also determined that for safe continued operation of CNS, the licensee and the Commission must act quickly, and the time does not permit the Commission to wait for the 30 days of comment period for prior public comment. Therefore, the staff is processing the two amendments concerned on an exigent basis outlined in 10 CFR 50.91(a)(6).

David L. Wilson If you have any questions, please contact Mohan Thadani at (301) 415-1476 or Robert Gramm at (301) 415-1302.

Sincerely,

/RA by Robert A. Gramm for/

William H. Ruland, Director Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-298 cc: See next page

David L. Wilson If you have any questions, please contact Mohan Thadani at (301) 415-1476 or Robert Gramm at (301) 415-1302.

Sincerely,

/RA by Robert A. Gramm for/

William H. Ruland, Director Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-298 cc: See next page DISTRIBUTION PUBLIC RidsOgcRp PDIV-1 RF RidsAcrsAcnwMailCenter RidsNrrDlpmLpdiv (WRuland) RidsRgn4MailCenter (KBrockman)

RidsNrrPmMThadani RidsNrrDlpmPdiv1 (RGramm)

RidsNrrLAMMcAllister JTatum Accession Number: ML021900223 OFFICE PDIV-1/PM PDVI-1/LA PDIV-1/SC NAME MThadani MMcAllister RGramm DATE 7/11/02 7/11/02 7/11/02 OFFICE Region IV PDIV/PD NAME KBrockman RGramm for per Nadir WRuland DATE 7/10/02 7/11/02 OFFICIAL RECORD COPY

Cooper Nuclear Station cc:

Mr. William R. Mayben Chairman President and Chief Executive Officer Nemaha County Board of Commissioners Nebraska Public Power District Nemaha County Courthouse 1414 15th Street 1824 N Street Columbus, NE 68601 Auburn, NE 68305 Mr. Michael T. Coyle Ms. Cheryl K. Rogers, Program Manager Site Vice President Nebraska Health & Human Services System Nebraska Public Power District Division of Public Health Assurance P. O. Box 98 Consumer Services Section Brownville, NE 68321 301 Centennial Mall, South P. O. Box 95007 Mr. John R. McPhail, General Counsel Lincoln, NE 68509-5007 Nebraska Public Power District P. O. Box 499 Mr. Ronald A. Kucera, Director Columbus, NE 68602-0499 of Intergovernmental Cooperation Department of Natural Resources D. F. Kunsemiller, Risk and P.O. Box 176 Regulatory Affairs Manager Jefferson City, MO 65102 Nebraska Public Power District P. O. Box 98 Senior Resident Inspector Brownville, NE 68321 U.S. Nuclear Regulatory Commission P. O. Box 218 Dr. William D. Leech Brownville, NE 68321 Manager-Nuclear MidAmerican Energy Regional Administrator, Region IV 907 Walnut Street U.S. Nuclear Regulatory Commission P. O. Box 657 611 Ryan Plaza Drive, Suite 1000 Des Moines, IA 50303-0657 Arlington, TX 76011 Mr. Ron Stoddard Jerry Uhlmann, Director Lincoln Electric System State Emergency Management Agency 1040 O Street P. O. Box 116 P. O. Box 80869 Jefferson City, MO 65101 Lincoln, NE 68501-0869 Chief, Radiation Control Program, RCP Mr. Michael J. Linder, Director Kansas Department of Health Nebraska Department of Environmental and Environment Quality Bureau of Air and Radiation P. O. Box 98922 1000 SW Jackson Lincoln, NE 68509-8922 Suite 310 Topeka, KS 66612-1366 July 2002

Mr. Daniel K. McGhee Bureau of Radiological Health Iowa Department of Public Health 401 SW 7th Street Suite D Des Moines, IA 50309 July 2002