ML100840142
| ML100840142 | |
| Person / Time | |
|---|---|
| Site: | Surry, North Anna  |
| Issue date: | 05/28/2010 |
| From: | Cotton K Plant Licensing Branch II |
| To: | Heacock D Virginia Electric & Power Co (VEPCO) |
| Cotton K R, NRR/DORL, 301-415-1438 | |
| References | |
| TAC ME2828, TAC ME2829, TAC ME2835, TAC ME2836, FOIA/PA-2011-0148, FOIA/PA-2011-0137 | |
| Download: ML100840142 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 28, 2010 Mr. David A. Heacock President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711
SUBJECT:
NORTH ANNA POWER STATION, UNIT NOS. 1 AND 2 AND SURRY POWER STATION, UNIT NOS. 1 AND 2, EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 20 (TAC NOS. ME2835, ME2836, ME2828 AND ME2829)
Dear Mr. Heacock:
The U.S. Nuclear Regulatory Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 20, Section 20.1703(g)(1), for the North Anna Power Station, Unit Nos. 1 and 2 (NAPS) and Surry Power Station, Unit Nos. 1 and 2 (SPS). This action is in response to your application dated November 24, 2009, as supplemented by letter dated February 11, 2010, that requested an exemption from 10 CFR 20.1703(a), 10 CFR 20.1703(g)(1), and certain requirements of 10 CFR Part 20, Appendix A, Footnote "a", to use the Mine Safety Appliances, Inc., model Firehawk 7 Air Mask self-contained breathing apparatus (SCBA) with a gas mixture of 35% oxygen and 65% nitrogen. In addition, the licensee requested NRC authorization under 10 CFR 20.1703(b) to use these SCBAs in a configuration not certified by the National Institute for Occupational Safety and Health.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely, Karen Cotton, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-338, 50-339, 50-280 and 50-281
Enclosure:
Exemption cc w/encl: Distribution via Listserv
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION VIRGINIA ELECTRIC AND POWER COMPANY NORTH ANNA POWER STATION, UNIT NOS. 1 AND 2 SURRY POWER STATION, UNIT NOS. AND 2 DOCKET NOS. 50-338 AND 50-339 DOCKET NOS. 50-280 AND 50-281 EXEMPTION
1.0 BACKGROUND
Virginia Electric and Power Company (the licensee) is the holder of Facility Operating License Nos. NPF-4, NPF-7, DPR-32, and DPR-37, which authorize operation of the North Anna Power Station, Unit Nos. 1 and 2 (NAPS) and Surry Power Station, Unit Nos. 1 and 2 (SPS) located in Lake Anna, Virginia, and Surry, Virginia, respectively. 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 facilities consist of two pressurized-water reactors each located in Lake Anna, Virginia, and Surry, Virginia, respectively.
2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR), Part 20, "Standards for Protection Against Radiation" Subpart H, "Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas," establishes the requirements for implementing a respiratory protection program. These programmatic requirements ensure that worker doses from airborne radioactive materials are maintained as low as reasonably achievable.
- 2 In summary, by letter dated November 24, 2009, as supplemented by letter dated February 11, 2010, the licensee requested an exemption from 10 CFR 20.1703(a),
10 CFR 20.1703(g)(1), and certain requirements of 10 CFR Part 20, Appendix A, Footnote "a",
to use the Mine Safety Appliances, Inc. (MSA), model Firehawk 7 Air Mask self-contained breathing apparatus (SCBA) with a gas mixture of 35% oxygen and 65% nitrogen at SPS and NAPS. The licensee's letter dated November 24,2009, contains proprietary information and accordingly is not available to the public. In addition, the licensee requested NRC authorization under 10 CFR 20.1703(b) to use these SCBAs in a configuration not certified by the National Institute for Occupational Safety and Health (N IOSH). The regulations in 10 CFR 20.1703(b) allow a licensee to seek authorization to use respiratory equipment that has not been tested and certified by NIOSH. When seeking authorization to use equipment not certified by NIOSH, the licensee is required to demonstrate by testing that a respirator is capable of safely providing the necessary level of protection under the anticipated conditions of use. An exemption from 20.1703(a) and an exemption from the protection factors listed in 10 CFR Part 20, Appendix A is not necessary when the NRC grants authorization under 20.1703(b) for use of the respiratory equipment.
3.0 DISCUSSION Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of 10 CFR Part 20, as it deems appropriate or necessary to protect health or to minimize danger to life or property.
Authorized by Law This exemption would allow the use of use MSA model Firehawk M7 Air Mask SCBA with a gas mixture of 35% oxygen and 65% nitrogen. Section 20.1703(b) permits a licensee to request NRC approval to use equipment which has not been tested or certified by NIOSH. The
- 3 application must supply evidence that equipment is capable of providing the proposed degree of protection under the anticipated conditions of use. Dominion has demonstrated, by documented third-party testing conducted by the National Aeronautics and Space Administration and Interek, that the equipment will continue to provide the proposed degree of protection under the anticipated conditions of use. Dominion also has over 30 years of trouble-free operating experience with 35/65 charged SGBA (MSA Model 401/Ultraiite/Custom 4500 model line).
As stated above, 10 CFR 20.2301, allows the NRC to grant exemptions from the requirements of 10 CFR Part 20. The NRC staff has determined that granting of the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is authorized by law.
No Undue Hazard to Life or Property The underlying purposes of 10 CFR 20.1703(g)(1) is to ensure that "Atmosphere supplying respirators must be supplied with respirable air of Grade D quality or better as defined by the Compressed Gas Association" and that Grade D air criteria include oxygen content (v/v) of 19.5-23.5%. Section 20.1703(b) permits a licensee to request NRC approval to use equipment which has not been tested or certified by NIOSH. The application must supply evidence that the equipment is capable of providing the proposed degree of protection under the anticipated conditions of use. The licensee has demonstrated by documented third-party testing conducted by NASA and Intertek that the equipment will provide the proposed degree of protection under the anticipated conditions of use.
Based on the above, no new accident precursors are created by the use of MSA model Firehawk 7 Air Mask SCBA with a gas mixture of 35% oxygen and 65% nitrogen at SPS and NAPS, thus, the probability of postulated accidents is not increased. Also, based on the above,
- 4 the consequences of postulated accidents are not increased. Therefore, there is no undue hazard to life or property.
4.0 CONCLUSION
Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption is authorized by law and there is no undue hazard to life or property. Therefore, the Commission hereby grants Virginia Electric and Power Company an exemption from the 10 CFR 20.1703(g)(1), and certain requirements of 10 CFR Part 20, Appendix A, Footnote "a",
to use the MSA model Firehawk 7 Air Mask SCBA with a gas mixture of 35% oxygen and 65%
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 (Environmental Assessment published in the Federal Register on March 22, 2010, 75 FR13600).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this) 0t-L day of (11'-/
2010.
FOR THE NUCLEAR REGULATORY COMMISSION Robert A. Nelson, Director Deputy Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
'bly memo lye-mal OFFICE DORULPL2-1/PM DORLlLPL2-1/PM DORLlLPL2-1/LA DIRS/IHPB/BC' NAME KCotton VSreenivas (PTam for)
MOBrien UShoop DATE OS/27/10 OS/28/10 04/28/10 05/17/10 OFFICE DORLlLPL2-1/BC" OGC/NLO DORLID NAME GKulesa (VSreenivas for)
LSubin (w/ comments)
JGiitter (RNelson for)
DATE OS/28/10 05/06/10 OS/28/10