ML041350327

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Letter, Withdrawal of Exemption from Requirements of Title 10 of Code of Federal Regulations Part 50, Appendix R, Subsection III.L.1
ML041350327
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 06/24/2004
From: Hopkins J
NRC/NRR/DLPM/LPD3
To: Bezilla M
FirstEnergy Nuclear Operating Co
Hopkins J, DLPM/NRR, 415-3027
References
TAC MC1632
Download: ML041350327 (5)


Text

June 24, 2004 Mr. Mark B. Bezilla Vice President-Nuclear, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1, WITHDRAWAL OF EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX R, SUBSECTION III.L.1 (TAC NO. MC1632)

Dear Mr. Bezilla:

The Commission has approved withdrawal of an exemption granted August 20, 1984, from the specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix R, Subsection III.L.1 for the Davis-Besse Nuclear Power Station, Unit 1. This action is in response to your letter of December 17, 2003.

A copy of the exemption withdrawal has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No.: 50-346

Enclosure:

Withdrawal cc w/enclosure: See next page

June 24, 2004 Mr. Mark B. Bezilla Vice President-Nuclear, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1, WITHDRAWAL OF EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 50, APPENDIX R, SUBSECTION III.L.1 (TAC NO. MC1632)

Dear Mr. Bezilla:

The Commission has approved withdrawal of an exemption granted August 20, 1984, from the specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix R, Subsection III.L.1 for the Davis-Besse Nuclear Power Station, Unit 1. This action is in response to your letter of December 17, 2003.

A copy of the exemption withdrawal has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No.: 50-346

Enclosure:

Withdrawal cc w/enclosure: See next page DISTRIBUTION:

PUBLIC PDIII-2 R/F TMarsh WRuland AMendiola JHopkins PCoates OGC ACRS SReynolds, RIII ADAMS Accession Number: ML041350327 OFFICE PM:PDIII-2 LA:PDIII-2 SPLB OGC SC:PDIII-2 D:PDIII D:DLPM NAME JHopkins PCoates SWeerakkody RHoefling AMendiola WRuland TMarsh DATE 06/15/04 06/15/04 6/14/04 06/22/04 06/23/04 06/24/04 06/24/04 OFFICIAL RECORD COPY

Davis-Besse Nuclear Power Station, Unit 1 cc:

Mary E. OReilly Zack A. Clayton FirstEnergy Corporation DERR 76 South Main St. Ohio Environmental Protection Agency Akron, OH 44308 P.O. Box 1049 Columbus, OH 43266-0149 Manager - Regulatory Affairs FirstEnergy Nuclear Operating Company State of Ohio Davis-Besse Nuclear Power Station Public Utilities Commission 5501 North State - Route 2 180 East Broad Street Oak Harbor, OH 43449-9760 Columbus, OH 43266-0573 Director, Ohio Department of Commerce Attorney General Division of Industrial Compliance Office of Attorney General Bureau of Operations & Maintenance 30 East Broad Street 6606 Tussing Road Columbus, OH 43216 P.O. Box 4009 Reynoldsburg, OH 43068-9009 President, Board of County Commissioners of Ottawa County Regional Administrator Port Clinton, OH 43252 U.S. Nuclear Regulatory Commission 801 Warrenville Road President, Board of County Lisle, IL 60523-4351 Commissioners of Lucas County One Government Center, Suite 800 Michael A. Schoppman Toledo, OH 43604-6506 Framatome ANP 1911 N. Ft. Myer Drive David Lochbaum, Nuclear Safety Engineer Rosslyn, VA 22209 Union of Concerned Scientists 1707 H Street NW, Suite 600 Resident Inspector Washington, DC 20006 U.S. Nuclear Regulatory Commission 5503 North State Route 2 The Honorable Dennis J. Kucinich Oak Harbor, OH 43449-9760 United States House of Representatives Washington, D.C. 20515 Barry Allen, Plant Manager FirstEnergy Nuclear Operating Company The Honorable Dennis J. Kucinich Davis-Besse Nuclear Power Station United States House of Representatives 5501 North State - Route 2 14400 Detroit Avenue Oak Harbor, OH 43449-9760 Lakewood, OH 44107 Dennis Clum Mr. James P. Riccio Radiological Assistance Section Supervisor Nuclear Policy Analyst Bureau of Radiation Protection Greenpeace Ohio Department of Health 702 H. Street, NW, Suite 300 P.O. Box 118 Washington, DC 20001 Columbus, OH 43266-0118 Paul Gunter Carol OClaire, Chief, Radiological Branch Director Nuclear Watchdog Project Ohio Emergency Management Agency Nuclear Information & Resource Service 2855 West Dublin Granville Road 1424 16th Street NW Suite 401 Columbus, OH 43235-2206 Washington, DC 20009

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION FIRSTENERGY NUCLEAR OPERATING COMPANY DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 DOCKET NO. 50-346 WITHDRAWAL OF EXEMPTION

1.0 BACKGROUND

The FirstEnergy Nuclear Operating Company (the licensee) is the holder of Facility Operating License No. NPF-3 which authorizes operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.

The facility consists of a pressurized-water reactor located in Ottawa County in Ohio.

2.0 REQUEST Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix R, Subsection III.L.1 requires that alternative or dedicated shutdown capability be able to achieve cold shutdown conditions within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />. The NRC granted an exemption to this requirement by letter dated August 20, 1984, for DBNPS.

In summary, the licensee now concludes that DBNPS meets the requirement and the exemption is no longer required; therefore, the licensee requests that the exemption be withdrawn.

3.0 EVALUATION Two issues caused the licensee to originally request the exemption. They were the ability to depressurize the reactor coolant system and a limitation on cooldown rate. The licensee has recently performed an evaluation and determined that alternate pressurizer spray from the high pressure injection pumps could be used for depressurization and the limit on cooldown rate can be increased. The licensee concluded that DBNPS can now comply with the regulation and the exemption is no longer required.

Based upon the licensees recent evaluation determining that DBNPS alternative shutdown capability can achieve cold shutdown within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />, the staff concludes that the exemption can be withdrawn.

4.0 CONCLUSION

Accordingly, the Commission hereby grants FirstEnergy Nuclear Operating Company withdrawal of the exemption from the requirements of CFR Part 50, Appendix R, Subsection III.L.1, granted by letter dated August 20, 1984, for DBNPS.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption withdrawal will not have a significant effect on the quality of the human environment (69 FR 28951).

This exemption withdrawal is effective upon issuance.

Dated at Rockville, Maryland, this 24th day of June 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation