ML18052B331

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Exemption from Section III.A.6.(b) of App J of 10CFR50, Authorizing Delay of Performance of Type a Testing Until Next Refueling Outage & Return to Schedule of Iii.D If Test Successful
ML18052B331
Person / Time
Site: Palisades Entergy icon.png
Issue date: 09/17/1987
From: Crutchfield D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML18052B332 List:
References
NUDOCS 8709250492
Download: ML18052B331 (5)


Text

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.DOCKET NO.

MEMORANDUM FOR:

FROM:

SUBJECT:

September 22, 1987 Rules and Procedures Branch.

Division of Rules and Records

.Office of Adminisfration Office of Nuclear Reactor Regulat).on Palisades.Exemptions

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fisuTION,,

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  • Pal fsad<:,s Gray Fi 1 e TWambach Ringram One signed original of the Federar Register Notice identified below is enclosed for your transmittal to the *Office-of th.e Federai".

Register f?r publi.cation. Additional' conformed copies (

.*'5

) qf the Notice are enclcis.ed for_ your use:** *

  • .* [] Notice of Receipt of Application *for Construction Permit(s) and Operating License(s):
  • . 0 Notice of Receipt of. Pattial Application for Construction Permit(s) and Facility License(s): Time for Submission of.-Views ori Antitru~t Matters.

D -~otic~ of 4

6~~sl~eration ~f Issuance of Amendment to Facility ~perating License:

'.D Notice of. Receipt of Application for Facility Licen!!e(s); Notice of Availabi_lity of Applicant's Environmental Report; and..

Notice.of Consideration of lssu~nce of Faciiity License-(s) _and ~otice of Oppo'rtunity for Hearing>>

D Notlc.e ~f* Availability ofNRC Draft/Final Environmental Statement.

  • D. Notice of Limited Work Authorization.

D Notice.,of Availability of Safety Evaluatiqn Report.

D Notice of lssu~nce of Construction *Permit(s).

D, Not16e-of fssu.ance of Faciljty Operating License(s) or Amendment(s):
  • D.order..

c:J Exemption.

0 Notice of Granting EXP,mptioh.

Enyironmental Assessme.nt..

Notic.e <;>,f P.rep~ration,of Environmental Assessment.

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D Other:~~~~~~~~~--,.-~~~~~~~~~~~~~~~--,.-~~~-,-~~~~~~~~~~~---,

Office of Nuclear Reactor Regulation c.o~_tact:

RI NGRAM Phone:* 11n ?nn71

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~U~NAME..... ;J.;..........

DATE..... ~ /':.~.......

~RC.FORM 318 110/801 NRCM 0240 OFFICIAL RECORD COPY

In the Matter of CONSUMERS POWER COMPANY (Palisades Plant)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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EXEMPTION I.

  • 7590-01 Docket No. 50-255 The Consumers Power Company (the licensee) is the holder of Provisional Operating License No. DPR-20 which authorizes operation of the Palisades Plant.

This license* provides, among other things, that it is subject to all rules, regulations and Orders of the Nuclear Regulatory Commission (the Commission) now or hereafter in effect.

The facility comprises one pressurized water reactor at the licensee 1s site located in Van Buren County, Michigan.

II.

10 CFR Part 50, Appendix J, Section III.A.6.(b) states:

If two consecutive periodic Type A tests fail to meet the applicable acceptance criteria in III.A.5.(b), notwithstanding the periodic retest schedule of III.D, a Type A test shall be performed at each plant shutdown for refueling or approximately every 18 months, whichever occurs first, until two consecutive Type A tests meet the acceptance criteria in III.A.5.(b), after which time the retest schedule specified in III.D may be resumed.

Palisades Plant has failed the acceptance criteria for the last three Type A tests because of leakage through containment penetrations.

The Type A test is a test of the entire containment building and is normally performed every three *to four years, such that three tests are conducted every ten-year period.* Containment penetrations are also testable by local leak rate tests (Type B and Type C tests) which are required every refueling outage and at least every two years.

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2 III.

By letter dated August 22, 1986, the licensee requested an exemption to the requirements of Section III.A.6.(b) proposing an aggressive 11 Local Leak Rate Testing - Corrective Action Plan 11 in lieu of more frequent Type A tests.

The licensee has stated that the failures of the Type A tests were the result of Type, B and C penalty additions to the test results.

The NRC staff confirmed this statement by reviewing the test reports and n6tes that the licensee has proposed and implemented a corrective action program consistent with NRC Office of Inspection and Enforcement Information Notice No. 85-71, issued August 22, 1985.

This Information Notice provides guidance to licensees that states in circumstancei as described above... the general purpose of maintaining a high degree of containment integrity might be better served through an improved maintenance and testing program for containment penetration boundaries and isolation valves:

In this situation, the licensee

,may submit a Corrective Action Plan with an alternative leakage test program proposal as an exemption request for NRC staff review.

If this submittal is approved by the NRC staff, the licensee may implement the corrective action and alternative leakage test program in lieu of the required increase in Type A test frequency incurred after the failure of two successive Type A tests.

11 In addition, the NRC staff notes that the results of the Type A tests, neglecting the addition'6f the penalties for the penetration leakages determined from the Type 8 and C tests, do not indicate any deterioration of the containment building and are typical of results of similar containment tests in the industry.

Therefore, the NRC staff concludes that the Corrective Action Plan, including*an augmented local leak rate test program and trending program, if properly carried out, would more efficiently detect and correct the types of excess leakage that have occurred in the past (i.e., penetration leakage).

Further, the staff sees no benefit to be gained by requiring a

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Type A test at this time since new equipment to correct the problems experienced during the January 1986 Type A test will not be available before June 1, 1988.

The staff finds that for these circumstances~ the licensee should be granted exemption from the 18-month restriction and further, that if the Type A test performed at the next refueling outage meets the acceptance criteria of Appendix J indicating the success of the Corrective Action Plan, the schedule for Type A tests may revert to that requlred under Section II I. D of Appendix J.

The Corrective Action Plan will continue in effect at least until the augmented local leak rate testing program produces consistently satisfactory results.

IV.

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12{a),

the requested 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.

Further, the Commission finds that special circumstances are present in that application of the regulation in these particular_ circumstances would not serve the underlying purpose of the rule and is not necessary to achieve the underlying purpose of the rule, in that, as discussed in Section III., t~e proposed alternative better meets the purpose of correcting excess leakage and confirming low leakage on a more frequent test sch~dule. The exemption provides only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation by implementing an alternative program to achieve the underlying purpose of the rule.

Therefore, the Commissi~n hereby grants the following exemption from the requirements of Section III.A.6.(b) of Appendix J to 10 CFR Part 50:

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1.

4 The 18-month limit on the interval between the January 1986 Type A test and the next required Type A test is waived provideq that the licensee appropriately implements the Local Leak Rate Testing

Gorrective Action Plan described in its letter dated August 22, 1986;
2.

If the results of the next Type A test meet the acceptance criteria of Section III.A.5.(b), the next required test shall be in accordance with the requirements of Section III.D.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption.will have no significant impact on the environment (52 FR 32979).

A copy of the Commission's concurrently Jssued Safety Evaluation related to this action is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C.

20555, and at the local public document room located at the Van Zoeren Library, Hope College, Holland, Michigan 49428.

A copy may be obtained upon written request addressed to the U.S. Nuclear Regulato~y Commission, Washington, D.C.

20555, Attention:

Director, Division of Reactor Projects - III, IV, V and Special Projects.

This Exemption is effective upon issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

~7'!-

Dennis M. Crutchfiel,

Division of Reactor Pr jects IV, V and Special Projects Dated at Bethesda, Maryland this 17tt'Pay of Sept., 1987.