ML16161A258
| ML16161A258 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 07/29/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | DUKE POWER CO. |
| Shared Package | |
| ML16161A259 | List: |
| References | |
| NUDOCS 9707300224 | |
| Download: ML16161A258 (6) | |
Text
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
DUKE POWER COMPANY Docket Nos. 50-269, 50-270,
)
and 50-287 (Oconee Nuclear Station
)
Units 1, 2, and 3)
)
EXEMPTION I.
Duke Power Company (the licensee) is the holder of Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, for the Oconee Nuclear Station, Units 1, 2, and 3, respectively. The licenses provide, among other things, that the licensee is subject to all rules, regulations, and orders of the Commission now or hereafter in effect.
These facilities consist of three pressurized water reactors located at the licensee's site in Oconee County, South Carolina.
II.
Title 10 of the Code of Federal Regulations (10 CFR) at subsection (a) of 10 CFR 70.24, "Criticality Accident Requirements," requires that each licensee authorized to possess special nuclear material shall maintain in each area where such material is handled, used, or stored, a criticality accident monitoring system "using gamma-or neutron-sensitive radiation detectors which will energize clearly audible alarm signals if accidental criticality occurs."
Subsections (a)(1) and (a)(2) of 10 CFR 70.24 specify the detection, sensitivity, and coverage capabilities of the monitors required by 10 CFR 70.24(a).
Subsection (a)(3) of 10 CFR 70.24 requires that the licensee shall 97073aW.24-9 70 72 9 4 PDR ADOCK 05000269 P
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_L _ _
-2 maintain emergency procedures for each area in which this licensed special nuclear material is handled, used, or stored and provides (1) that the procedures ensure that all personnel withdraw to an area of safety upon the sounding of a criticality monitor alarm, (2) that the procedures must include drills to familiarize personnel with the evacuation pln, and (3) that the procedures designate responsible individuals for determining the cause of the alarm and placement of radiation survey instruments in accessible locations for use in such an emergency. Subsection (b)(1) requires licensees to have a means to quickly identify personnel who have received a dose of 10 rads or more. Subsection (b)(2) requires licensees to maintain personnel decontamination facilities, to maintain arrangements for a physician and other medical personnel qualified to handle radiation emergencies, and to maintain arrangements for the transportation of contaminated individuals to treatment facilities outside the site boundary. Subsection (c) exempts Part 50 licensees (such as Oconee) from the requirements of paragraph (b).
Subsection (d) states that any licensee who believes that there is good cause why he should-be granted an exemption from all or part of 10 CFR 70.24 may apply to the Commission for such an exemption and shall specify the reasons for the relief requested.
By letter dated February 4, 1997, as supplemented March 19, 1997, the licensee requested an exemption for all the Duke Power Company nuclear plants from the requirements of 10 CFR 70.24. The staff has reviewed the licensee's submittal, and documented its detailed review in a Safety Evaluation. The staff found that existing procedures and training, as well as design features and radiation monitoring instrumentation required by the Technical Specifications make an inadvertent criticality in special nuclear materials
-3 handling or storage at Oconee unlikely. The licensee has thus met the intent of 10 CFR 70.24(d) by the low probability of an inadvertent criticality in areas where fresh fuel could be present, by the licensee's adherence to General Design Criterion 63 regarding radiation monitoring, by maintenance of appropriate procedures, and by provisions for personnel training and evacuation.
III.
Section 70.14 of 10 CFR, "Specific exemptions," states that The Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
Section 70.24(d) of 10 CFR states that Any licensee who believes that good cause exists why he should be granted an exemption in whole or in part from the requirements of this section may apply to the Commission for such exemption.
Accordingly, the Commission has determined that good cause is present as defined in 10 CFR 70.24(d).
The Commission has further determined that, pursuant to 10 CFR 70.14, the exemption is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest. The Commission hereby grants the licensee an exemption from the requirements of 10 CFR 70.24(a)(1), (2), and (3), on the bases as stated in Section II above.
Pursuant to 10 CFR 51.32, the Commission has determined that granting of this exemption will have no significant effect on the quality of the human environment (62 FR 40122).
-4 This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY:
Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 29thday of July 1997.
To receive a copy of this document, Indicate in the box:
"C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE PDII-2/PM PDII-2/L } I/
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Oconee Nuclear Station Units 1, 2, and 3 cc:
Mr. Paul R. Newton Mr. Ed Burchfield Duke Power Company, PB05E Compliance 422 South Church Street Duke Power Company Charlotte, North Carolina 28242-0001 Oconee Nuclear Site P. 0. Box 1439 J. Michael McGarry, III, Esquire Seneca, South Carolina 29679 Winston and Strawn 1400 L Street, NW.
Ms. Karen E. Long Washington, DC 20005 Assistant Attorney General North Carolina Department of Mr. Robert B. Borsum Justice Framatome Technologies P. 0. Box 629 Suite 525 Raleigh, North Carolina 27602 1700 Rockville Pike Rockville, Maryland 20852 Mr. G. A. Copp Licensing -
ECO50 Manager, LIS Duke Power Company NUS Corporation 526 South Church Street 2650 McCormick Drive, 3rd Floor Charlotte, North Carolina 28242-0001 Clearwater, Florida 34619-1035 Dayne H. Brown, Director Senior Resident Inspector Division of Radiation Protection U.S. Nuclear Regulatory Commission North Carolina Department of Route 2, Box 610 Environment, Health and Seneca, South Carolina 29678 Natural.Resources P. 0. Box 27687 Regional Administrator, Region II Raleigh, North Carolina 27611-7687 U. S. Nuclear Regulatory Commission Atlanta Federal Center Mr. J. W. Hampton 61 Forsyth Street, S.W., Suite 23T85 Vice President, Oconee Site Atlanta, Georgia 30303 Duke Power Company P. 0. Box 1439 Max Batavia, Chief Seneca, South Carolina 27679 Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 County Supervisor of Oconee County Walhalla, South Carolina 29621
-4 This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION me 1 ins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 29thday of July 1997.