ML17299B069
| ML17299B069 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 02/04/1986 |
| From: | Scinto J NRC |
| To: | Black S NRC |
| Shared Package | |
| ML17299B068 | List: |
| References | |
| NUDOCS 8603050102 | |
| Download: ML17299B069 (6) | |
Text
SSOSO50>02 8S02XS PDR ADOCK 05000529 p
PDR February 4, l986
'I I'ote to Suzie Black From Jo'e'Scfnto'-"-".
Re:
Exemptions.
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Your prepar'ed a
list 'of question's (attached) for a meeting last week with the Division Directors.""'Me Suggested that 'we could answer those questions fn wrftfng.'"'Our cements arid answers follow:
General
. alfie determination as to whether an exemption is required is legally. simple-it may be factually difficult fn 'a particular case.
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- achieved, an exemptfon is required.
'B.If the regulation requires a more general status and the staff determines that fn the absence of some component, or information that ft cannot conclude that the status has been achieved, an exemption fs required.
C. If the item.fs necessary for the plant to meet the regulations when operating=as desfgne'd (or as needed to'prevent mitigate or control'ransients or'design Sasfs -'accidents),
the particular requirements of the technical specfffcatfons do not govern the question of compliance with the regulation.
The provisions of the regulations govern the question of compliance with the regulations not the provisions of plant technical specifications.
There'may be some"flexibility in determining whether a particular regulation fs.applfcable to 'the'perating condition being licensed; however, this requires 'careful case by 'case scrutiny of the regulation fq question.
It does not permit disregard of a requfrement of a regulation on the grounds that other-features of the facility offset the non complying feature at a particular power level. This cbndftfon would seem to clearly fit special cir-cumstance 50.12(a)(2)(ff).
Answers to S ecific uestions
.a.
t respect to non sa ety related equipment, one must first identify the re ulatfon applicable to the item and determine that without the item the faci ty wou not comply with Comission regulations.
If that determi-nation fs made an exemption would be required.
I.b. If the regulation requfres testing and the item has not been tested, an exemption fs required.
If there fs no explicit requirement fn the re ulation that the item be tested and tf the staff is capable of determining t at t e tern fn fact satisfies
~e regulation without testing an exemption would not be required; but if the
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staff is not able to determine that the item in fact satisfies the standard of the applicable regulation, an exemption would be required.
l.c.
Same answer.
2.
See General note C. above.
However, with respect to the specific situation you pose, even under the staff's pre Shoreham position
, it was the activities authorized by the license under consideration which were to be considered in determining the level of compliance required.
Even under this position, the fact that an authorized activity might not in fact take place until after compliance was achieved did not permit a determination of com-pliance at the time of licensing.
Thus, although a plant is ready for fuel
'loading and not yet ready for certain low power operation but will become ready later by the time criticality is expected, this would not appear to permit a finding of compliance now for a license which encompasses not only fuel loading but also covers crttscality and low power operation (the traditional 5X license).
3.
Same as l.b.
4.
See General Note C above.
With respect to others issues raised by this
- question, see General Note 8 and answer l.b.
5.
See answer l.a.
if these non ~safet related components are covered by a regulation does that regulation require rescue ancy
'?
Does any regulation require redundancy for this equipment
? If so an exemption may be required.
- 6. If the compensatory measure satisf'ies the rule, an exemption is not required (fire watch for GDC3). If not, an exemption would be required (fire watch for App.R) 7.
See answer l.b.
cc:
E Christenbury FCameron LChandler JGray EReis JRutberg STreby
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Are exemptions required:
24 3.
6.
7.
For systems or equipment not safety related that are, a) not operational b) operational, but not tested
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tested but preoperatlonal test not performed; For systems or equipment explicitly identified in rules or regulations that will not be operational functional and pre-op tested) at fuel load:but will be operational functional and pre-op tested). at time of need {i.e., prior to initial criticality);
If construction is complete but preoperational testing is incomplete (system functionally ver ified);.
"If system*equipment is not explicitly identified in rules or regulations'but is innt e fechnical Specifications and will be operational '(functional and pre-op tested) at time of need; If redundant trains of non-safety related systems are not operational and'if 'plant is"not operating above the'capacity of these systems (i.e.
liquid radwaste system trains);
If equivalent compensatory measures exist (i.e. fire watch);
and If system cannot be fully tested except under actual operating conditions (final balancing of HYAC systems).
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