ML18005A407
| ML18005A407 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 04/21/1988 |
| From: | Richey R CAROLINA POWER & LIGHT CO. |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| NLS-88-082, NLS-88-82, NUDOCS 8805020183 | |
| Download: ML18005A407 (11) | |
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...~cczmakvzo DISTRIBUTION DEMONSTRATION SYSTEM REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:8805020183 DOC.DATE: 88/04/21 NOTARIZED: NO FACIL:50-400 Shearon Harris Nuclear Power Plant, Unit 1, Carolina AUTH.NAME AUTHOR AFFILIATION RICHEY,R.B.
Carolina Power
& Light Co.
RECIP.NAME RECIPIENT AFFILIATION Document Control Branch (Document Control Desk)'OCKET 05000400 R
I 05000400 NOTES:Application for permit renewal filed.
SUBJECT:
Requests exemption from 10CFR50.71(e)(3)(i) requiring filing of updated FSAR 24 months after issuance of OL.
DISTRIBUTION CODE:
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TITLE: OR Submittal:
General Distribution RECIPIENT ID CODE/NAME PD2-1 LA BUCKLEY,B INTERNAL: ACRS NRR/DEST/ADS 7E NRR/DEST/ESB 8D NRR/DEST/RSB 8E N&~HA B12 REG FILE 01 EXTERNAL: LPDR NSIC COPIES LTTR ENCL 1
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RECIPIENT ID CODE/NAME PD2-1 PD ARM/DAF/LFMB NRR/DEST/CEB 8H NRR/DEST/MTB 9H NRR/DOEA/TSB 11 OGC 15-B-18 RES/DE/EIB NRC PDR COPIES LTTR ENCL 5
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R. B. RICHEY, Manager Llcenslng a Nuclear Fuel Department Carol jna Power 8 IJQht Company R O. Box 1551
~ Raleigh. N. C. 27602 APR21 1988 SERIAL:
NLS-88-082 10CFR50.12 10CFR50.71 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 SHEARON HARRIS NUCLEAR POWER PLANT DOCKET NO. 50-400/LICENSE NO. NPF-63 UPDATING THE FINAL SAFETY ANALYSIS REPORT REQUEST FOR EXEMPTION Gentlemen:
Under the provisions of 10CFR50.12(a)
Carolina Power
& Light (CP&L) hereby requests exemption from the portion of 10CFR50.71(e)(3)(i) requiring the refiling of a complete FSAR as the "Updated FSAR" twenty-four months after issuance of the operating license.
Granting of this exemption will allow CP&L to submit within the 24 month
- schedule, an amendment to the FSAR in a manner similar to the amendments submitted throughout the licensing process of the Shearon Harris Plant.
The NRC may grant exemptions from Part 50 requirements which, pursuant to 10CFR50.12(a)(1) are "authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security,"
and (a)(2) present special circumstances.
Section 50.12(a)(2) identifies six categories of special circumstances; three of these categories ((ii),(iii)and (vi)) are applicable to the SHNPP exemption request; each of which are discussed in the attachment to this letter.
Conformance with the conditions of Section 50.12(a)(l) is assured by maintaining the FSAR in an appropriately updated condition in accordance with 10CFR50.71(e),
(e)(1) and (e)(2).
This exemption request will not affect the manner in which the information presented in the FSAR is maintained up to date.
Carolina Power
& Light's request for exemption is from an administrative requirement concerning the refiling of original unchanged pages in the initial submittal of the Updated FSAR.
Granting of the exemption will not result in any change to any wording in the FSAR.
Therefore, this exemption will not present an undue risk to public health and safety, and is consistent with the common defense and security.
In that the exemption falls within the scope of 10 CFR 50.12 it is authorized by law.
In order to allow sufficient time to prepare an FSAR update, CP&L requests that NRC act upon this exemption request by July 1,1988.
SS05020i83 SS0421
'PDR ADOCK 05000400 I,p DCD (pp u'C
Document Control esk NLS-88-082 / Page 2
Carolina Power
& Light has reviewed 10 CFR 170 and determined that this exemption request requires payment of a fee in the amount of $150.00.
Enclosed please find a check in that amount.
Please refer any questions regarding this submittal to Mr. Steven Chaplin at (919) 836-6623.
Yours very truly, R.
B. Richey RBR/SDC Enclosures cc:
Mr.
BE C. Buckley W/A Dr. J. Nelson Grace W/A Mr. G.
F ~ Maxwell W/A
0 r ~i 1
Enclosure to NLS-8-082 / Page 1
SHEARON HARRIS NUCLEAR POWER PLANT SHNPP JUSTIFICATION FOR EXEMPTION FROM 10 CFR 50.71 e
3 i 10 CFR 50.12 a
2 Exem tion Criterion ii A lication of the
re ulation in the articular circumstances would not serve the underl in ur ose of the rule or is not necessar to achieve the underl in ur ose of the rule.
10CFR Part 50.71 was amended on July 22,1980 to include the requirements of subpart (e)(3)(i);
"A revision of the original FSAR containing those original pages that are still applicable plus new replacement pages shall be filed within 24 months of either July 22,1980 or the date of issuance of the operating license, whichever is later, and shall bring the FSAR up to date as of a maximum of 6 months prior to the date of filing the revision."
The underlying purpose of the rule is to ensure that a complete,
- updated, and single integral document (FSAR) was on file for each power reactor licensee.
As stated in the supplemental information issued with the proposed rule and reflected in that of the final rule, "revision of the FSAR to reflect the current status of a facility's safety related structures, systems and components would be of value to provide a reference document for recurring safety analyses performed by the licensee and the Commission."
The rule (proposed and final) was promulgated during a time frame when there was no previous regulation requiring applicants or license holders to incorporate revisions, changes or amendments of the application or the license into the FSAR.
As a result FSARs were not routinely or uniformly updated.
The rule, therefore, was intended to establish a
consistent baseline, i.e.,
a single complete document being filed for each facility that can serve as the baseline for future changes.
As described in the final rule supplemental information, "the FSAR required to be updated by the rule is the original FSAR submitted as part of the application for the operating license.
It would not include the subsequent supplements and amendments to the FSAR or the license 45 FR 30614 Dated May 9,1980 Final Rule
- Periodic Updating of Final Safety Analysis Reports 41 FR 49123 Dated November 8,1976 Proposed Rule
- Periodic Updating of Final Safety Analysis Reports
I I'
Enclosure to NLS-8-082 / Page 2
that may have been submitted....
These various supplements and amendments must be appropriately incorporated into the original FSAR to create a single, complete and integral document.
The initial revision to be filed should contain those pages from the originally submitted FSAR that are still applicable plus new replacement pages that appropriately incorporate the effects of supplements, amendments and other changes that have been made.
This will result in a single, complete document being filed, that can then serve as the baseline for future changes."
Carolina Power
& Light has periodically amended the SHNPP FSAR throughout the licensing process to include both changes to the plant, revised analyses and the answers to questions resulting from staff review of the FSAR.
The amended information was not appended to the FSAR as separate volumes, but integrated into the appropriate FSAR sections.
Hence the SHNPP FSAR is already in the state of "completeness" contemplated by the rule.
As a result, the SHNPP FSAR requires only a small "routine" amendment in order to incorporate those changes completed since the issuance of the SHNPP full power license.
Such an amendment will affect only a small percentage of the FSAR's text and figures.
Given that the underlying purpose of the rule, that the FSAR be a
- complete, updated single integrated document, will be achieved with the submission of an amendment to incorporate the recent changes into the appropriate FSAR sections, the submission of all the original unaffected pages in addition to the amended pages, i.e.,
the entire 20 volume
- FSAR, goes beyond the purpose of the rule.
10 CFR 50 12 a
2 Exem tion Criterion iii Com liance would result in undue hardshi or other costs that are si nificantl in excess of those contem lated when tne re ulation was ado ted or that are si nificantl in excess of those incurred b others similarl situated Applicants for a power reactor operating license are required to include as part of their application a Final Safety Analysis Report which includes information that describes the facility, presents the design basis and the limits on its operations, and presents a safety analysis of the structures,
- systems, components and of the facility as a whole.
The FSAR is reviewed by the NRC staff to ensure that the facility meets the criteria necessary for licensing of the facility.
Prior to the issuance of Subpart 50.71(e)(3)(i),
FSARs were used primarily as an initial licensing document and were not routinely or uniformly updated after issuance of the operating license.
Revisions to the
- FSAR, responses to staff review questions, etc., often took the form of volumes appended to the end of the FSAR.
FSARs revised in this manner were difficult to use and/or review since extensive cross-checking had
Enclosure to NLS-8-082 / Page 3
to be performed by the user to ensure all relevant information was located.
The final rule sought to remedy this situation as well as to provide an ongoing single document which completely describes the facility by requiring the refiling of a complete FSAR with the
'appended'nformation incorporated into the appropriate FSAR sections.
Subpart 50.71(e) envisioned having uniform treatment and maintenance of the FSARs by all licensees.
At the time the rule was issued, this would have apparently required some expenditure by each licensee to generate the initial "updated" version of the FSAR.
- However, the rule presupposes that the same condition continues to exist.
The SHNPP FSAR was originally submitted during the time frame of the proposed/final rule.
The FSAR has been amended continuously during the SHNPP licensing process, with the amendments incorporating the revised information into the appropriate FSAR sections.
As a result the SHNPP FSAR is currently in the state of 'integration'nvisioned by the rule.
Only an amendment to incorporate those changes completed since issuance of the full power license is necessary.
Therefore, CP&L has already incurred the contemplated "cost" of producing an 'updated'SAR.
To resubmit the entire FSAR solely to fulfillthe letter of the regulation will require double expenditure by CP&L and provide no benefit since the SHNPP FSAR, in its current format, satisfies the intent of the Rule.
10 CFR 50 12 a
2 Exem tion Criterion vi There is resent an other material circumstance not considered when the re ulation was ado ted for which it would be in the ublic interest to rant an exem tion. If such condition is relied u on exclusivel for satisf in ara ra h a
2 of this section the exem tion ma not be ranted until the Executive Director for 0 erations has consulted with the Commission Applicants for a power reactor operating license are required to include as part of their application a Final Safety Analysis Report which includes information that describes the facility, presents the design basis and the limits on its operations, and presents a safety analysis of the structures,
- systems, and components and of the facility as a
whole.
The FSAR is reviewed by the NRC staff to ensure that the facility meets the criteria necessary for licensing of the facility.
Prior to the issuance of Subpart 50.71(e)(3)(i),
FSARs were used primarily as an initial licensing document and were not routinely or uniformly updated after issuance of the operating license.
During the licensing process revisions to the FSAR, responses to staff review questions, etc., often took the form of volumes appended to the end of the FSAR.
FSARs revised in this manner were difficult to use or review since extensive cross-checking had to be performed by the user to ensure all relevant information was located.
The final rule sought to remedy this situation as well as to provide an updated single document which
Enclosure to NLS-8-082 / Page 4
completely describes the facility by requiring the refiling of a complete FSAR with any 'appended'nformation incorporated into the appropriate FSAR sections.
The rule resulted in a change in how FSARs are used.
They are no longer only initial licensing documents but are now a continuing description of the facility.
- However, the rule presupposes that the same condition would continue to exist i.e., that the FSARs of recent applicants would be either out of date or have been revised by adding appendices.
The wording of the final rule does not provide provisions for FSARs maintained in the appropriate state.
Applicants which have completed the licensing process after the issuance of this rule have had the opportunity to avoid a massive updating and integration effort by maintaining their FSARs is an updated, integrated state.
Carolina Power
& Light has taken advantage of that opportunity.
Carolina Power
& Light has already integrated the FSAR amendments using the mechanism required for revising Updated FSARs in 10 CFR 50.71(e)(1) i.e., using a page-replacement basis.
All that remains to be done to
'update'he SHNPP FSAR is the incorporation of those facility changes completed since the issuance of the full power license.
This can be accomplished with a small amendment which should affect only a small percentage of the FSARs twenty volumes of text and figures.
Again, the wording of the rule may have been appropriate for the situation when it was promulgated.
- However, the wording of the rule did not allow for a change in how subsequent licensees might adopt the new form by maintaining their FSARs up to date and fully integrated throughout the licensing process.
Carolina Power
& Light has maintained the SHNPP FSAR such that the
- FSAR, as currently docketed, requires only a small amendment to be an up to date, integral document.
The situation that the rule was promulgated to correct does not exist for the SHNPP FSAR.
Therefore, requiring CP&L to republish the entire FSAR will not result in any changes in the FSAR outside what would be revised by the amendment discussed above.
Carolina Power
& Light believes that granting this exemption request is in the public interest since the reprinting of the FSAR expends utility and public resources without the corresponding technical or administrative benefit sought by the rule.
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