ML13221A274

Exemption Request from Portions of 10 CFR 50 Appendix E

ML13221A274
Person / Time
Site:	San Onofre
Issue date:	08/08/2013
From:	St.Onge R Southern California Edison Co
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
Download: ML13221A274 (9)

Text

SOUTHERN CALIFORNIA Richard St. Onge

..... EDISON Director, Nuclear Regulatory Affairs and Emergency Planning An EDISON INTERNAT/oNAL Company August 8, 2013 10CFR50.12 10 CFR 50 Appendix E U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555

Subject:

Docket Nos. 50-206, 50-361 and 50-362 Exemption Request from Portions of 10 CFR 50 Appendix E San Onofre Nuclear Generating Station Units 1, 2 and 3

Reference:

1. Letter from P. T. Dietrich (SCE) to the U. S. Nuclear Regulatory Commission (NRC) dated June 12, 2013;

Subject:

Certification of Permanent Cessation of Power Operations San Onofre Nuclear Generating Station, Units 2 and 3

2. Letter from P. T. Dietrich (SCE) to the U. S. Nuclear Regulatory Commission (NRC) dated June 28, 2013;

Subject:

Permanent Removal of Fuel from the Reactor Vessel, San Onofre Nuclear Generating Station Unit 3

3. Letter from P. T. Dietrich (SCE) to the U. S. Nuclear Regulatory Commission (NRC) dated July 22, 2013;

Subject:

Permanent Removal of Fuel from the Reactor Vessel, San Onofre Nuclear Generating Station Unit 2

Dear Sir or Madam:

In accordance with 10 CFR 50.12, "Special exemptions," Southern California Edison (SCE) hereby requests a one-time exemption from the 10 CFR Part 50, Appendix E, Sections IV.F.2.b and c requirements to perform a biennial NRC evaluated exercise of the onsite and offsite emergency plans with full participation of each offsite authority having a role under the Plan. The next full participation exercise of the San Onofre Nuclear Generating Station (SONGS) Emergency Plan is due by December 31,2013, and is currently scheduled for October 23, 2013. SCE is requesting to defer performance of the next full participation biennial exercise until no later than June 30, 2014. SCE requests approval of this exemption by October 9, 2013 such that the offsite participants can appropriately manage their resources.

P.O. Box 128 San Clemente, CA 92674

Document Control Desk August 8, 2013 SCE is requesting an Exemption from the upcoming October 23, 2013 full participation evaluated exercise because:

1) Nuclear fuel has been permanently offloaded on both units and SONGS is no longer authorized to replace fuel in either reactor.

2) It has been more than 18 months since either SONGS unit has operated.

3) Postulated design basis accidents that are utilized for full participation exercises are no longer possible. Use of such postulated accidents as an accident scenario in order to reach an emergency classification that would involve significant offsite participation would be misleading to the public and offsite participants.

SCE is requesting this Exemption until June 2014 to further analyze the potential for any beyond design basis conditions that could result in the need for full offsite exercise participation.

It is SCE's intention to perform an analysis of the beyond-design-basis zirconium fire event at SONGS. Upon completion of this analysis, it is SCE's intention to submit a request for a permanent exemption to 10 CFR Appendix E Section IV.F.2.c to no longer require offsite participation in biennial exercises.

BACKGROUND The most recent biennial NRC evaluated participation plan exercise for SONGS was conducted on April 12, 2011. This exercise involved the successful activation of the required elements of the SONGS onsite and offsite emergency plans. Additionally a full participation drill including NRC co-location was performed on May 23,2012. In accordance with the 2 year requirement of Sections IV.F.2.cof 10 CRF 50, Appendix E, the next NRC evaluated exercise with full offsite participation is due on December 31, 2013 and is currently scheduled to be performed on October 23, 2013. This exercise is to include the necessary elements of the onsite and offsite emergency plans and participation of the offsite jurisdictions as required by the regulations and the SONGS Emergency Plan.

By letter dated June 12, 2013 (Reference 1), SCE submitted a certification to the NRC indicating its intention to permanently cease power operations at SONGS Units 2 and 3, pursuant to 10 CFR 50.82(a)(1)(i). On June 28,2013, SCE submitted a certification of permanent removal of fuel from the reactor vessel for SONGS Unit 3 (Reference 2) pursuant to 10 CFR 50.82(a)(1)(ii). On July 22,2013, SCE submitted a certification of permanent removal of fuel from the reactor vessel for SONGS Unit 2 (Reference 3) pursuant to 10 CFR 50.82(a)(1 )(ii). Upon docketing of these certifications, the 10 CFR Part 50 licenses for SONGS Unit 2 and 3 no longer authorize operation of the reactor or emplacement or retention of fuel into the reactor vessel, as specified in 10 CFR 50.82(a)(2).

Document Control Desk August 8, 2013 SONGS Unit 2 last operated on January 10, 2012 and SONGS Unit 3 last operated on January 31, 2012. It has been over 18 months since either unit has operated.

BASIS FOR EXEMPTION 10 CFR 50.47(b), 10 CFR 50.47(c)(2), 10 CFR 50, and Appendix E,Section IV provide assurance that adequate protective measures can and will be taken in the event of a radiological emergency, establish plume exposure and ingestion pathway emergency planning zones for nuclear power plants, and ensure that licensees maintain effective offsite and onsite emergency plans.

The standards and requirements in 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR 50, Appendix E, Section IV were developed taking into consideration the risks associated with operation of a nuclear power reactor at its licensed full-power level.

These risks include the potential for a reactor accident with offsite radiological dose consequences. The radiological consequences of accidents that remain possible at SONGS are substantially lower than those at an operating plant.

10 CFR 50.82(a)(2) specifies that the 10 CFR 50 license for SONGS no longer authorizes operation of the reactor or emplacement or retention of fuel in the reactor vessel after docketing the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel in accordance with 10 CFR 50.82(a)(1). Following the termination of reactor operations at SONGS and the permanent removal of the fuel from the reactor vessel, the postulated accidents involving failure or malfunction of the reactor, reactor coolant system (RCS) or secondary system are no longer possible. The accidents that remain applicable to SONGS in the permanently shut down and defueled condition pertain to the spent fuel pool, an accidental release of waste liquid, or an accidental release of waste gas.

The radiological consequences of rupture or leak of the waste gas decay tanks, volume control tank, liquid holdup tanks, reactor coolant drain tank, and associated systems could not result in a postulated release that would involve exceeding the limits of the EPA Protective Action Guidelines at the EAB. Use of this type of event as an exercise scenario would not result in a high enough emergency classification for full offsite participation in the exercise.

A revised Fuel handling Accident (FHA) analysis has been developed to address the permanently defueled condition. The analysis determined if a fuel handling accident occurs, the resulting dose would be within 10 CFR 50.67 and Regulatory Guide 1.183 dose limits, given spent fuel pool iodine decontamination based on 23 feet of water over the failed fuel assembly and no credit for emergency ventilation or filtration (control room or otherwise).

The revised FHA analysis showed that the dose consequences are acceptable without relying on any systems, structures, or components (SSCs) to remain functional during

Document Control Desk August 8, 2013 and following the event (following a minimum of 17 months of irradiated fuel decay time after reactor shutdown). The resulting doses would be within the EPA Protective Action Guidelines at the EAB. Use of this type of event as an exercise scenario would not result in a high enough emergency classification for full offsite participation in the exercise.

SCE is in the process of developing beyond-design-basis zirconium fire analyses.

These analyses, while not yet complete, will likely demonstrate that sufficient time exists to mitigate the consequences of selected beyond design basis accidents at SONGS, that any resulting doses will not exceed the limits of the EPA Protective Action Guidelines at the EAB, and that full participation of the offsite agencies in a biennial exercise is not needed. It also is possible that the completed analysis of the zirconium fire event will show that there is a continuing need for offsite participation in the SONGS emergency plan until additional time for fuel decay has passed. If so, SCE will develop appropriate emergency scenarios based upon such an event.

Additionally, NUREG/CR 6451, "A Safety and Regulatory Assessment of Generic BWR and PWR Permanently Shutdown Nuclear Power Plants," states that Configuration 1, Hot Fuel in Spent Fuel Pool, ends for a PWR after 17 months. The NUREG results show that for Configuration 2, Cold Fuel in Spent Fuel Pool, rapid oxidation of spent fuel cladding given a loss of all spent fuel pool water (a zirconium fire) would not likely occur, and the resulting offsite consequences are far lower level than the Configuration 1 results for the same event.

An NRC evaluated exercise of the onsite and offsite emergency plans with full participation of each offsite authority having a role under the Plan should not be based on scenarios that are no longer credible. Since SONGS is permanently shutdown and defueled, an exercise at the station based upon reactor operation would not meet the intent of the regulation which is to determine the effectiveness of the Emergency Plan under a credible scenario. The NRC evaluated exercise should use a scenario based on an accident that could credibly occur at SONGS taking into account its permanently defueled condition.

It is SCE's intention to use the additional time that would be gained through this proposed exemption to complete analysis of the beyond-design-basis zirconium fire event. Once analysis of this event is complete, it is SCE's intention to submit a request for a permanent exemption to 10 CFR Appendix E Section IV.F.2.c to no longer require offsite participation in biennial exercises.

JUSTIFICATION FOR EXEMPTIONS AND SPECIAL CIRCUMSTANCES 10 CFR 50.12 states that the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of Part 50 which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the defense and security. 10 CFR 50.12 also states that the Commission will not consider granting an exemption unless

Document Control Desk August 8, 2013 special circumstances are present. As discussed below, this exemption request satisfies the provisions of Section 50.12.

A. The exemption is authorized by law The proposed exemption would allow Southern California Edison (SCE) to change the date for the San Onofre Nuclear Generating Station (SONGS) biennial NRC evaluated exercise of the onsite and offsite emergency plans with full participation of each offsite authority having a role under the SONGS Emergency Plan. The proposed exemption would 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.

B. The exemption will not present undue risk to public health and safety Appendix E,Section IV provides assurance that adequate protective measures can and will be taken in the event of a radiological emergency, to establish plume exposure and ingestion pathway emergency planning zones for nuclear power plants, and to ensure that licensees maintain effective offsite and onsite emergency plans. As discussed in this request, revised design basis radiological analyses have been developed based on the current SONGS configuration - permanently shut down with a minimum of 17 months of irradiated fuel decay time. The revised safety analyses show that the radiological consequences of design basis accidents at SONGS do not exceed the limits of the EPA Protective Action Guidelines at the exclusion area boundary (EAB). Therefore a postulated exercise scenario that yields conditions that would necessitate full participation of the offsite agencies is unrealistic.

An NRC evaluated exercise of the onsite and offsite emergency plans at SONGS with full participation of each offsite authority having a role under the Plan based on scenarios that are no longer credible would result in an exercise that would not meet the intent of the regulation which is to determine the effectiveness of the Emergency Plan under a credible scenario. The NRC evaluated exercise should be based on a credible scenario given the permanently defueled condition involving SONGS, since emergency personnel will be better prepared to deal with potential accidents at SONGS.

Beyond-design-basis analysis of a zirconium fire event is not yet complete but is also expected to show that full participation of the offsite agencies in a biennial exercise is not needed. It is possible that the completed analysis of the zirconium fire event will show that there is a continuing need for offsite participation in the SONGS emergency plan until additional time for fuel decay has passed. If so, SCE will develop appropriate emergency scenarios based upon such an event.

Document Control Desk August 8, 2013 In this case, the proposed exemption will not present an undue risk to public health and safety because:

The SONGS Emergency Plan, as maintained by 10 CFR 50.54(q) and successfully demonstrated in accordance with 10 CFR 50 Appendix E, will remain in effect.

The proposed exemption would provide only an additional 25% extension of the time allowed for demonstration of effectiveness (an additional 6 months) compared to the two year requirement, and Continuing sitewide drills (although not evaluated by NRC or Federal Emergency Management Agency (FEMA)) will provide opportunities to test the effectiveness of the SONGS Emergency Plan and identify areas for improvement.

C. The exemption is consistent with the common defense and security The proposed exemption would allow SCE to revise the date for the SONGS biennial NRC evaluated exercise. An evaluated exercise not based on the reduced consequences of radiological events would not meet the intent of the regulation which is to determine the effectiveness of the Emergency Plan under a credible scenario. The change in date will not adversely affect SONGS ability to physically secure the site or protect special nuclear material. Physical security measures at SONGS are not affected by the requested exemption. Therefore, the proposed exemption is consistent with the common defense and security.

D. Special Circumstances Pursuant to 10 CFR 50.12(a)(2), the NRC will not consider granting an exemption to its regulations unless special circumstances are present. SCE believes that special circumstances are present as discussed below.

1. The exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from the grant of the exemption. (10 CFR 50.12(a)(2)(iv))

The plant is permanently shutdown and defueled and the radiological source term at the site is reduced from that associated with reactor power operation.

With the reactor power plant permanently shutdown and defueled, the design basis accidents and transients postulated to occur during reactor operation are no longer possible. In particular, the potential for a release of a large radiological source term to the environment from the high pressures and temperatures associated with reactor operation no longer exists. There is no longer any safety benefit from performing exercises based upon reactor operations at SONGS.

Document Control Desk August 8, 2013 The proposed exemption would allow SCE time to complete analysis of the beyond design-basis zirconium fire event, submit that analysis to the NRC, and allow the NRC time to review and approve a permanent exemption eliminating the need for full offsite participation in the biennial exercise. This, in turn, would allow SCE to develop and perform a NRC evaluated exercise based on a credible scenario associated with the existing plant conditions at SONGS (e.g.,

accidents involving the spent fuel pool; accidents involving waste handling systems). By focusing on the accidents that are possible at SONGS rather than accidents involving reactor operation, emergency personnel will be better prepared to deal with credible events at SONGS. Thus, the exemption will result in a net benefit to safety.

The scope and subsequent offsite consequences of an exercise performed based on reactor operations on October 23, 2013, would far exceed any credible scenario that would exist based on the postulated accidents that remain applicable to SONGS in the permanently shut down and defueled condition. The resulting publicity that would occur from performing this exercise could have a negative effect on the public through a misunderstanding of what could occur at SONGS and what the offsite consequences could be from SONGS in the permanently shut down and defueled condition.

Therefore, since granting the exemption would result in benefit to the public health and safety and would not result in a decrease in safety, the special circumstances required by 10 CFR 50.12(a)(2)(iv) exist.

2. The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulations. (10 CFR 50.12(a)(2)(v))

Only temporary relief from 1 0 CFR Part 50, Appendix E is requested. With the approval of this exemption, the next biennial exercise would be deferred from October 23,2013 to June 2014. This will allow for an NRC evaluated exercise on a scenario based on an accident that could credibly occur at SONGS taking into account its permanently defueled condition.

The decision to permanently retire SONGS Units 2 and 3 was recently announced (June 7, 2013). Since that time, SCE has been expending significant efforts reviewing the regulations and guidance applicable to decommissioning plants, and planning for reductions in force as a result of the permanent shutdown. SCE is currently in the process of reviewing proposals from contractors for performance of the beyond-design-basis zirconium fire event.

Completion of the analysis is not expected until December 2014.

Document Control Desk August 8, 2013 Therefore, since granting the exemption would provide only temporary relief from the applicable regulation, the special circumstances required by 10 CFR 50.12(a)(2)(v) exist.

3. There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption. (10 CFR 50.12(a)(2)(vi))

The impact of the permanent cessation of power operations at an operating plant prior to the end of its operating license is not addressed in the Emergency Plan regulations. SCE only recently decided to cease power operations. SCE needs additional time to complete the beyond-design-basis zirconium fire analyses.

Upon completion of the analysis of the beyond-design-basis zirconium fire event at SONGS, a permanent exemption to 10 CFR Appendix E Section IV.F.2.c will be submitted, based upon the results of the analyses, to no longer require offsite participation.

Therefore, since this material circumstance was not addressed when the regulation was adopted, the special circumstances required by 10 CFR

50. 12( a)(2)(vi) exist.

ENVIRONMENTAL CONSIDERATION The proposed exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25), because the proposed exemption involves: (i) no significant hazards consideration; (ii) no significant change in the types or significant increase in the amounts of any effluent that may be released offsite; and (iii) no significant increase in individual or cumulative occupational radiation exposure. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.

CONCLUSION SCE is seeking exemption from the requirement to perform a biennial exercise on October 23, 2013 and to conduct the next scheduled exercise in June, 2014. This exemption request is warranted because: (1) all elements of the onsite and offsite emergency plans were exercised during a previous drill on April 12, 2011, (2) SCE has plans for future proficiency drills and training of the emergency response organization prior to the 2014 biennial exercise based on a credible scenario and the revised radiological analyses, (3) the requirements of the SONGS Emergency Plan, as maintained by 10 CFR 50.54(q), will remain in place, and (4) performing the exercise based on scenarios that are no longer credible would result in an exercise that would not meet the intent of the regulation which is to determine the effectiveness of the Emergency Plan.

Document Control Desk August 8, 2013 The grant of the exemption would be authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. It also is justified by special circumstances.

With approval of this exemption, the next exercise in accordance with 10 CFR 50 Appendix E, Sections IV.F.2.b and c will be scheduled for June 2014. Prior to that date, SCE plans to perform an analysis of the beyond-design-basis zirconium fire event at SONGS. Upon completion of this analysis, it is SCE intention to submit a request for a permanent exemption to 10 CFR Appendix E Section IV.F.2.c to no longer require offsite participation in biennial exercises. If this request is approved, the biennial exercise to be conducted in June 2014 would not include offsite participation.

There are no new commitments contained in this letter.

If you have any questions regarding this matter, please feel free to contact Mr. Mark Morgan, Licensing Lead, at 949-368-6745.

Sincerely, cc:

A. T. Howell III, Regional Administrator, NRC Region IV R. Hall, NRC Project Manager, San Onofre Units 2 and 3 B. Benney, NRC Project Manager, San Onofre Units 2 and 3 G. G. Warnick, NRC Senior Resident Inspector, San Onofre Units 2 and 3