ML15244A340

Summarizes Findings on Backfit Determination Re Containment Integrated Leak Rate Testing,Including Staff Reluctance to Allow short-duration Tests Using Mass-Plot Method.Request Re as Found Leakage Rate Denied

ML15244A340
Person / Time
Site:	Oconee, Mcguire, Catawba, McGuire, 05000000
Issue date:	10/29/1987
From:	Varga S Office of Nuclear Reactor Regulation
To:	Tucker H DUKE POWER CO.
References
IEIN-85-071, IEIN-85-71, TAC-65399, TAC-66140, TAC-66141, TAC-66142, TAC-66143, TAC-66144, TAC-66145, TAC-66146, NUDOCS 8711030158
Download: ML15244A340 (7)

Text

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105 UNITED STATES 0

NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 OCT 2 S 1987 Docket Nos.:

50-269, 50-270, 50-28;V 50-369, 50-370 and 50-413, 50-414 Mr. H. B. Tucker, Vice President Nuclear Production Department Duke Power Company 422 South Church Street Charlotte, North Carolina 28242

Subject:

Backfit Determination Regarding Containment Integrated Leak Rate Testing - Oconee Nuclear Station, Units 1, 2 and 3, McGuire and Catawba Nuclear Stations, Units 1 and 2 (TACS 66140 through 66146)

By letter dated September 1, 1987, you asserted that the NRC staff's interpretations of two 10 CFR 50, Appendix J, items constitute backfits as defined by 10 CFR 50.109. The two items are: (1) the staff's reluctance to allow short-duration tests using the Mass-Plot (or Mass-Point) analysis method, and (2) the staff's requirement that as-found (Type B or C) leakage be included in Type A test results. These items relate to the performance of the containment integrated leak rate testing (CILRT). Our findings are summarized in the following paragraphs.

(1) Short Duration Testing Using the Mass-Point Method You asserted that a staff position, regarding short-duration testing using the mass-point method, was established when NRC inspectors witnessed two CILRTs at Oconee 2 and 3 of less than 24-hour duration and did not identify any violations, thereby giving tacit approval to short-duration testing.

These tests were conducted in 1981 and 1983.

10 CFR 50, Appendix 0, Paragraph III.A.3.(a) refers to the American National Standard ANSI N45.4-1972, "Leakage Rate Testing of Containment Structures for Nuclear Reactors," dated March 16, 1972 which specifies 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> CILRT duration unless it is otherwise agreed upon. The standard requires the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> duration, with the following exception in paragraph 7.6: "If it can be demonstrated to the satisfaction of those responsible for the acceptance of the containment structure that the leakage rate can be accurately determined during a shorter test period, the agreed-upon shorter period may be used."

You asserted that the wording in the standard - "those responsible for the acceptance of the containment structure" - means the licensee and not the NRC.

While it is recognized that the ultimate responsibility for the safe operation of the plant and, therefore, leak-tightness of the containment rests upon the licensee, the licensee represents only one party. Thus, the intent of paragraph 8711030158 871029 PDR ADOCK 05000269 P

PDR -

.r. H. B. Tucker

- 2 7.6 of the ANSI standard must be interpreted that the agreement regarding duration of the test must involve parties other than the licensee's representative.

Otherwise, it would be an agreement reached between two individuals of the same party which would be meaningless. As you are aware, the NRC is responsible under the Act, as amended in 1974, for ensuring public health and safety.

Consequently, it is logical and proper to interpret the intent of the ANSI N45.4 standard that the parties agreeing on the duration of the test means the licensee and the NRC.

This staff position, that the CILRT, including the use of the mass-plot method, requires a 24-hour test duration unless otherwise agreed upon, has been in effect since the inception of Appendix J. This long-standing policy has been widely communicated to the public and the nuclear industry through documents such as those listed below.

With respect to your assertion of tacit approval, the staff position is not an interpretation of the more general regulations as would be contained in the SRP or Regulatory Guides. In the present case, the staff position is derived from regulations. The requirements incorporated by reference into the regulation from ANSI N45.4-1972 as discussed above, is that test duration shall be at least 24-hours. The standard also allows for shorter tests with NRC approval, but such approval must be formal and explicit, insofar as it represents a deviation from the basic explicit regulatory requirement. Tacit approval in inspection reports does not suffice.

In view of the above, the staff position regarding testing duration and agreeing parties which you challenged is not a backfit as defined by 10 CFR 50.109.

Accordingly, your request is denied. However, as you are aware, you have the option to formally appeal the technical basis for the staff's position on this matter.

References:

a. E. G. Arndt, "Some Comments on the New Proposed Appendix J," (a transcript),

Proceedings of the Integrated Leak Rate Testing: State-of-the-Art-Technology Workshop, San Diego, California, January 18-19, 1982.

b. Letter from B. H. Grier (NRC Region I) to W. C. Counsil (NNECO, Millstone Unit 1), dated February 12, 1981.

c. EPRI NP-2726, "Containment Integrated Leak-Rate Testing Improvements."

Project 1390-01, Final Report, November 1982 (2) "As Found" CILRT Leakage Rate You stated that a staff position requiring the "as found" Type B or C leakage be included in Type A test results was established in Information Notice 85-71 issued on August 22, 1985. Furthermore, you asserted that the backfit policy promulgated by the issuance of Generic Letter 84-08 is applicable to this matter because this policy is similar to the backfit rule 10 CFR 50.109 which became effective on October 21, 1985. Because Generic Letter 84-08 preceded Information Notice 85-71, you concluded that a regulatory analysis is required.

Mr. H. B. Tucker

- 3 The staff position described in Information Notice 85-71 derives from explicit requirments of the regulations. Appendix 3, through paragraph 4.2 of ANSI N45.4-1972, requires that, for periodic CILRTs, a test be conducted before any preparatory repairs are made to the containment boundary in order to disclose the normal state of the containment. Also, Paragraph III.A.1.(a) of Appendix J states that the containment is to be tested in as close to the "as is" condition as practical.

Thus, Appendix J provides an explicit basis for the requirement to determine an "as found" or "as is" CILRT leakage rate, and for a test failure to be declared if the "as found" result exceeds the acceptance criterion of Appendix J. This requirement is necessary to ensure that the containment remains sufficiently leak-tight at all times throughout its operating lifetime, and not just for some unknown period after completion of a successful "as left" CILRT.

We also note that Attachment 1 to Information Notice 85-71 described four instances, dating from as early as February 1983, for which the NRC had applied the position described in the Information Notice. Therefore, the Information Notice did not originate the position, but rather served to communicate a position which the NRC had been applying for several years.

The staff position is that the Information Notice is not subject to the provisions of the backfit rule because it was issued before the effective date of the rule. Accordingly, your request regarding the "as found" leakage rate is denied. As noted above, you have the option to formally appeal the technical basis for the staff's position on this matter also.

Sincerely, ven A. a ga, irec r Division of Reactor P j cts I/II Office of Nuclear Reac Regulation cc: See next page

Mr. H. B. Tucker Duke Power Company McGuire Nuclear Station cc:

Mr. A.V. Carr, Esq.

Dr. John M. Barry Duke Power Company Department of Environmental Health P. 0. Box 33189 Mecklenburg County 422 South Church Street 1200 Blythe Boulevard Charlotte, North Carolina 28242 Charlotte, North Carolina 28203 County Manager of Mecklenburg County Mr. Dayne H. Brown, Chief 720 East Fourth Street Radiation Protection Branch Charlotte, North Carolina 28202 Division of Facility Services Department of Human Resources 701 Barbour Drive Mr. Robert Gill Raleigh, North Carolina 27603-2008 Duke Power Company Nuclear Production Department P. 0. Box 33189 Charlotte, North Carolina 28242.

J. Michael McGarry, III, Esq.

Bishop, Liberman, Cook, Purcell and Reynolds 1200 Seventeenth Street, N.W.

Washington, D. C. 20036 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission Route 4, Box 529 Hunterville, North Carolina 28078 Regional Administrator, Region II U.S. Nuclear Regulatory Commission, 101 Marietta Street, N.W., Suite 2900 Atlanta, Georgia 30323 L. L. Williams Area Manager, Mid-South Area ESSD Projects Westinghouse Electric Corporation MNC West Tower - Bay 239 P. 0. Box 355 Pittsburgh, Pennsylvania 15230

Mr. H. B. Tucker Oconee Nuclear Station Duke Power Company Units Nos. 1, 2 and 3 cc:

Mr. A. V. Carr, Esq.

Mr. Paul Guill Duke Power Company Duke Power Company P. 0. Box 33189 Post Office Box 33189 422 South Church Street 422 South Church Street Charlotte, North Carolina 28242 Charlotte, North Carolina 28242 J. Michael McGarry, III, Esq.

Bishop, Liberman, Cook, Purcell & Reynolds 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 Mr. Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 220, 7910 Woodmont Avenue Bethesda, Maryland 20814 Manager, LIS NUS Corporation 2536 Countryside Boulevard Clearwater, Florida 33515 Senior Resident Inspector U.S. Nuclear Regulatory Commission Route 2, Box 610 Seneca, South Carolina 29678 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W., Suite 2900 Atlanta, Georgia 30323 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 Office of Intergovernmental Relations 116 West Jones Street Raleigh, North Carolina 27603 Honorable James M. Phinney County Supervisor of Oconee County Walhalla, South Carolina 29621

Mr. H. B. Tucker Duke Power Company Catawba Nuclear Station cc:

A.V. Carr, Esq.

North Carolina Electric Membership Duke Power Company Corp.

422 South Church Street 3400 Sumner Boulevard Charlotte, North Carolina 28242 P.O. Box 27306 Raleigh, North Carolina 27611 J. Michael McGarry, III, Esq.

Bishop, Liberman, Cook, Purcell Saluda River Electric Cooperative, and Reynolds Inc.

1200 Seventeenth Street, N.W.

P.O. Box 929 Washington, D. C. 20036 Laurens, South Carolina 29360 North Carolina MPA-1 Senior Resident Inspector Suite 600 Route 2, Box 179N 3100 Smoketree Ct.

York, South Carolina 29745 P.O. Box 29513 Raleigh, North Carolina 27626-0513 Regional Administrator, Region II U.S. Nuclear Regulatory Commission, L.L. Williams 101 Marietta Street, NW, Suite 2900 Area Manager, Mid-South Area Atlanta, Georgia 30323 ESSD Projects Westinghouse Electric Corp.

MNC West Tower - Bay 239 P.O. Box 355 Pittsburgh, Pennsylvania 15230 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 County Manager of York County York County Courthouse Karen E. Long York South Carolina 29745 Assistant Attorney General N.C. Department of Justice Richard P. Wilson, Esq.

P.O. Box 629 Assistant Attorney General Raleigh, North Carolina 27602 S.C. Attorney General's Office P.O. Box 11549 Spence Perry, Esquire Columbia, South Carolina 29211 General Counsel Federal Emergency Management Agency Piedmont Municipal Power Agency Room 840 100 Memorial Drive 500 C Street Greer, South Carolina 29651 Washington, D. C. 20472 Mr. Michael Hirsch Federal Emergency Management Agency Office of the General Counsel Room 840 500 C Street, S.W.

Washington, D. C. 20472 Brian P. Cassidy, Regional Counsel Federal Emergency Management Agency, Region I J. W. McCormach POCH Boston, Massachusetts 02109

Mr. H. 2o The staff position described in Information Notice 85-71 derives from explicit requirments of the regulations. Appendix 3, through paragraph 4.2 of ANSI N45.4-1972, requires that, for periodic CILRTs, a test be conducted before any preparatory repairs are made to the containment boundary in order to disclose the normal state of the containment. Also, Paragraph III.A.1.(a) of Appendix J states that the containment is to be tested in as close to the "as is" condition as practical. Thus, Appendix J provides an explicit basis for the requirement to determine an "as found" or "as is" CILRT leakage rate, and for a test failure to be declared if the "as found" result exceeds the acceptance criterion of Appendix J. This requirement is necessary to ensure that the containment remains sufficiently leak-tight at all times throughout its operating lifetime, and not just for some unknown period after completion of a successful "as left" CILRT.

We also note that Attachment 1 to Information Notice 85-71 described four instances, dating from as early as February 1983, for which the NRC had applied the position described in the Information Notice. Therefore, the Information Notice did not originate the position, but rather served to communicate a position which the NRC had been applying for several years.

The staff position is that the Information Notice is not subject to the provisions of the backfit rule because it was issued before the effective date of the rule. Accordingly, your request regarding the "as found" leakage rate is denied. As noted above, you have the option to formally appeal the technical basis for the staff's position on this matter also.

Sincerely, Steven A. Varga, Director Division of Reactor Projects I/II Office of Nuclear Reactor Regulation cc:

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