ML16138A695

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Exemption from Requirements of 10CFR72.82(e) Re ISFSI
ML16138A695
Person / Time
Site: Oconee  
Issue date: 04/26/1990
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
DUKE POWER CO.
Shared Package
ML16138A696 List:
References
NUDOCS 9004300049
Download: ML16138A695 (6)


Text

7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

DUKE POWER COMPANY

)

Docket No. 72-4 OCONEE NUCLEAR STATION

)

(50-269/270/287)

INDEPENDENT SPENT FUEL

)

STORAGE INSTALLATION

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EXEMPTION I.

Duke Power Company (Duke or the licensee) holds materials license (SNM-2503) for receipt and storage of spent fuel from its Oconee Nuclear Station at an independent spent fuel storage installation (ISFSI) located on the Oconee Nuclear Station site Section 72.82(e) of 10 CFR Part 72 requires each licensee to provide a report of preoperational test acceptance criteria and test results to the Nuclear Regulatory Commission (NRC) Region II with a copy to Director, Office of Nuclear Material Safety and Safeguards, at least 30 days prior to receipt of spent fuel or high level radioactive waste.

II.

By letter dated March 30, 1990, the licensee requested a schedular exemption pursuant to 10 CFR § 72.7 from the requirement of 10 CFR § 72.82(e).

The licensee commits to submit its report no less than 3 days prior to receipt of spent fuel planned to occur on June 11, 1990, at its Oconee ISFST.

9004:300:)049 900426 PDR ADOCK 05000261-19) y FDC

-2 The licensee stated in its March 30, 1990, request that the projected spent fuel storage requirements of Oconee will necessitate operation of the ISFST to avoid loss of the Prudent Operating Reserve in its Unit 1 and 2 spent fuel pool.

Subsequent to completion of Oconee Unit 1's refueling outage on approximately June 4, 1990, the licensee notes that its Prudent Operating Reserve for the Unit 1 and 2 spent fuel pool will be lost with an excess of 72 fuel assemblies in the pool. This situation would prevent full core offload from either Unit 1 or 2 unless the 72 assemblies were transferred to the Unit 3 pool. This transfer activity would, the licensee states, significantly add to refueling time. Moreover, transfer of the 72 assemblies to the Unit 3 pool would result in occupational dose.

III.

In October 1988, the NRC staff issued an Environmental Assessment Related to the Construction and Operation of the Oconee Nuclear Station Independent Spent Fuel Storage Installation and Finding of No Significant Impact (53 FR 44133). The ISFSI is located within the Owner controlled Area at the Oconee Nuclear Station which is licensed under 10 CFR Part 50. As such, the radiological impacts from spent fuel loading and operation of the ISFST fall within the scope of impacts evaluated for licensed reactor operations and are controlled by the existing Oconee Nuclear Station Technical Specifications and the technical specifications for the ISFSI.

There are no radiological impacts

-3 due to postulated accidents from spent fuel handling and transfer or operation of the ISFST during the proposed exemption period. All impacts of the operational testing fall within the allowable limits specified in applicable regulations and are bounded by the conclusions of the October 1988 Environmental Assessment. A delayed submittal of the preoperational test report has no environmental impact. Thus, the health and safety of the public are not affected by this exemption request.

The proposed exemption from 10 CFR § 72.82(e) will not increase the probability or consequences of accidents, no changes are being made in the types of any effluents that may be released offsite, and there is no significant cumulative radiation exposure. Accordingly, the NRC staff concludes that the proposed exemption would result in no significant radiological environmental impact. Additionally, it does not affect non-radiological plant effluents and has no other environmental impact.

Therefore, the staff concludes that there are no significant non-radiological environmental impacts associated with the exemption.

TV.

Accordingly, the Commission in accordance with 10 CFR § 72.7 has determined that the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.

-4 Accordingly, the Commission hereby grants the licensee a permanent exemption from the requirements of 10 CFR § 72.82(e) as requested by the licensee's letter of March 30, 1990.

Pursuant to 10 CFR § 51.22(c)(10) the Commission has determined that the granting of this exemption is identified as an action eligible for categorical exclusion from the requirements of 10 CFR Part 51.

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland, this 2c.Aday of 4

, 1990.

-4 Accordingly, the Commission hereby grants the licensee a permanent exemption from the requirements of 10 CFR § 72.82(e) as requested by the licensee's letter of March 30, 1990.

Pursuant to 10 CFR § 51.22(c)(10) the Commission has determined that the granting of this exemption is identified as an action eligible for categorical exclusion from the requirements of 10 CFR Part 51.

This exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland, this 26tWay of April, 1990.

FLB/FR NOTICE EXEMPTION DUKE OFC

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04/ac/90 OFFICIAL RECORD COPY

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, Cook, Purcell & Reynolds rir. Alan R. Herdt, Chief 1400 L Street, N.W.

Project Branch #3 Washington, D.C..20005 U.S. Nuclear Regulatory Commission 101 Marietta Street, NW, Suite 2900 Mr. Robert B. Borsum Atlanta, Georgia 30323 Babcock & Wilcox Nuclear Power Division Ms. Karen E. Long Suite 525 Assistant Attorney General 1700 Rockville Pike N. C. Department of Justice Rockville, Maryland 20852 P.O. Box 629 Raleigh, North Carolina 2760?

Manager, LIS NUS Corporation 2536 Countryside Boulevard Clearwater, Florida 34623-1693 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 County Supervisor of Oconee County Walhalla, South Carolina 29621