ML20035C336
| ML20035C336 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 03/29/1993 |
| From: | Grimes B Office of Nuclear Reactor Regulation |
| To: | PORTLAND GENERAL ELECTRIC CO. |
| Shared Package | |
| ML20035A470 | List: |
| References | |
| NUDOCS 9304070076 | |
| Download: ML20035C336 (4) | |
Text
'e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of
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PORTLAND GENERAL ELECTRIC COMPANY,
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(Trojan Nuclear Plant)
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EXEMPTION 1.
On November 21, 1975, the Commission issued Facility Operating License No. NPF-1 to Portland General Electric Company, et al., (the licensee), for operation of the Trojan Nuclear Plant located in Columbia County, Oregon. The licensee provided, among other things, that the facility is subject to all rules, regulations, and Orders of the Commission now or hereafter in effect.
II.
Section 50.54(q) of 10 CFR 50 requires a licensee authorized to operate a l
nuclear power reactor to follow and maintain in effect emergency plans which meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E to
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10 CFR 50.Section IV.F.2 of Appendix E requires that each licensee annually i
exercise its emergency plan. The NRC may grant exemptions from the requirements of the regulations which, pursuant to 10 CFR 50.12(a) are (1) authorized by law, will not present an undue risk to the public health and r
I safety, and are consistent with the common defense and security; and (2) present special circumstances. Section 50.12(a)(2)(ii) of 10 CFR 50 f
7304070076 930329 PDR ADOCK 05000344 P
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indicates special circumstances exist when application of the regulation in I
the particular circumstance would not serve the underlying purpose of the rule
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or is not necessary to achieve the underlying purpose of the rule.
III.
The-The licensee made a good faith effort to conduct the 1992 exercise.
scope and objectives for the 1992 exercise were submitted to the NRC for review on August 12, 1992. The exercise was originally scheduled for l
November 17, 1992. The licensee experienced a steam generator tube leak that resulted in a plant shutdown on November 9,1992. To accommodate forced j
outage maintenance activities, the exercise was rescheduled to be conducted on l
l December 15, 1992. However, as a result of the continued forced outage, the 1992 annual exercise could not be practicably performed on December 15, 1992.
The licensee was granted a one-time schedular exrmption to allow the 1992 It emergency plan exercise to be deferred until the first quarter of 1993.
was anticipated that the 1992 exercise would be conducted before March 31, 1993. The licensee did maintain a drill program in 1992 which fully met the j
drill commitments made in their emergency plan.
By letter dated February 15, 1993, the licensee requested an exemption from the requirement of 10 CFR 50, Appendix E, Section IV.F.2, for the 1992 R
exercise currently scheduled to be conducted in the first quarter of 1993.
The licensee stated that special circumstances exist, in that they have '
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permanently ceased operation of the Trojan Nuclear Plant, and the plant has l
I been shut down and defueled.
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-3 IV.
The NRC staff has reviewed the request for an exemption from the annual exercise requirement of 10 CFR 50, Appendix E, Section IV.F.2, and prepared a Safety Evaluation, dated March 29, 1993.
In its review, the staff considered the following items:
a.
The licensee has, by letter dated January 27, 1993, requested modification of the Trojan operating license to a " possession only" license. The licensee certified by letter dated February 2,1993, that fuel had been removed from the reactor vessel and placed in the spent-fuel pool.
Further, the licensee, by letter dated February 17, 1993, certified that it would not move fuel back into the containment building without prior NRC approval.
b.
Recent NRC inspection reports (50-344/91-26, 92-04, 92-13, 92-14, and 92-23) indicate that the licensee has maintained in effect emergency plans which meet the requirements of 10 CFR 50.54(q).
c.
The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2, is to test the adequacy of timing and content of implementing procedures and methods, to test the emergency equipment and communications networks, and to ensure that the emergency organization personnel are familiar with their duties at sites with an operating reactor.
The certification by the licensee that the reactor is shut down and defueled and will not be refueled without prior notification of the NRC creates a special circumstance.
Because the Trojan Nuclear Plant is not now I
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in an operational status, the likelihood of risks of an accident resulting in j
offsite releases has been reduced.
In addition, the licensee has maintained
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emergency plans that otherwise satisfy 50.54(q). Therefore, the conduct of an
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annual exercise is not necessary to achieve the underlying purpose of j
10 CFR 50, Appendix E, Section IV.F.2.
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V.
For the reasons stated above, the Commission has determined that, pursuant to 10 CFR 50.12, the Exemption requested by the licensee in its letter of February 15, 1993, is authorized by law, will not present an undue t
risk to the public health and safety, is consistent with the common defense l
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and security, and that special circumstances are present as set forth in 10 CFR 50.12(a)(2)(ii). Accordingly, the Commission hereby grants an Exemption from the 10 CFR 50, Appendix E, Section IV.F.2 requirement for an f
annual exercise in 1992 on the condition that the plant does not resume i
operation. Should the licensee decide to restart, the exercise must be conducted before the plant resumes operation.
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of the Exemption will have no j
i significant impact on the environment (58 FR 16556 - Parch 29,1993).
'l This Exemption is effective upon issuance.
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FOR THE NUCLEAR REGULATORY W MISSION
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i Brian K. Grimes, Director Division of Operating Reactor Support j
Office of Nuclear Reactor Regulation Dated at Rockville, Maryland j
this 29th day of Parch 1993 3
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