ML20042E942
| ML20042E942 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/25/1990 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20042E940 | List: |
| References | |
| NUDOCS 9005040275 | |
| Download: ML20042E942 (4) | |
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ENCLOSURE 2 SAFETY EVALUATION BY THE OFFICE-0F NUCLEAR REACTOR REGULATION l
RELATING TO ANNUAL UPDATE OF SAFETY ANALYSIS REPORT t
LONG ISLAND LIGHTING COMPANY i
l SHOREHAM NUCLEAR POWER STATION t
DOCKET NO. 50-322
1.0 INTRODUCTION
PyletterdatedDecember'5,1989,LongIslandLightingPowerCompany(LILCO, thelicensee),operatoroftheShorehamNuclearPowerStation(SNPS), requested a schedular exemption from the safety analysis report update require.nents of 10 CFR50.71(e)(4). The exemption would postpone filing the update until June 1, 1990, and the update would contain all changes as of June ~28, 1989, vice changes as of 6 months prior to filing, LILCO's request for this schedular exemption was made pursuant to 10 CFR 50.12, SpecificExemptions,whichstates,inpart,thattheCommissionmay,upon l
application,
... grant exemption from the requirements of the regulations of this part, which are:
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(1) Authorized by law, will not present an undue risk to the public.
i health and safety, and are consistent with the common ~ defense and -
security, and (2) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever:
(v) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation...."'
2.0 DISCUSSION LILCO requested a schedular exemption to delay filino Revision 3 to their Updated Safety Analysis Report (lJSAR) by approximately 6 months._ In addition, L
they have requested that Revision 3 contain all changes as of' June 28, 1989 vice6monthspriortothedateoffiling,asisrequiredby10CFR50.71(e}(4).
LILCO made this request pursuant to the provisions of 10 CFR 50.12. " Specific l
Exemptions", citing item (v) thereunder.
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The recuirement to update the station safety analysis report (SAR) on a periodic basis is intended to assure that the information included in the SAR contains the latest material developed. Update submittals must contain all the changes necessary to reflect information and analyses submitted to the Comission by the licensee, or prepared by the licensee pursuant to Comission requirement since the last update of the SAR. SAR update revisions must also include the effects of: all changes made in the facility or procedures described in the SAtt all safety evaluations performed by the licensee either in support of requested license amendments or in support of conclusions that changes did not involve an unreviewed safety question; and all analyses of new safety issues performed by or on behalf of the licensee at Comission request.
On December 7 1984 LILCO was granted a license authorizing fuel loadinq and cold criticality testing, with reactor power level not to exceed 24.36 dlowatts (thermal). On July 3, 198S, LILCO was granted a license authorizing power operation up to 121.8 repewatts (thermal), which is five 7ercent of full rated power. On April 21, 1989 LILCO was granted a license autiorizing power operation up to 2,436 megawatts (thermal), which represents 100 percent rated core power.
On June 28,1989 LILCO and Hew York State entered into a Settlement Agreement, under which LILCO egreed never again to operate Shoreham Nuclear Power Station.
The plant was completely defueled the following month, with the entire core complement of fuel elements currently residing in the spent fuel storage pool.
pursuant to 10 CFR 50.12 MRC staff is authorized to grant exemptions from specific reovirements of the regulations. Such exemptions may be granted provided the exemption is authorized by law, does not result in an undue risk to the public health and safety, and is consistent with the comon defente and security. LILCO cited the following special circumstances as applicable to its request (1) Filing a Defueled Safety Analysis Report (DSAR) in lied of updating the SAR will better serve the reguletion's stated purpose, arid (2) The exerption would provide only temporary relief and L1LCO has nade good faith efforts to comply with the regulation.
LILCO proposes to file Revision 3 to their Updated Safety Analysis Report (USAR)onorbeforeJune1,1990. This represents a six month extension to the required filing date.
Further, LILCO proposes to include all changes as of June 28, 1989, the date the Settlement Agreement between LILCO and New York State became legally effective. (The regulation from which LILCO seeks exemption requires the update to include all changes up to 6 moni.hs prior to the date of filing.)
3.0 EVALUATION 3.1 Serving the Purpose of the Regulation LILCO contends that submitting a DSAR will better serve the regulation's stated purpose of providing a " reference document for recurrino safety analyses performed by thc... licensee and the Comission.", and cites 41 Fed. Rep t.9123 i
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I as their source. LILCO provides additional support for their exemption request by noting that apart from changes associated with defueling, no significant alterations have been made to the plant since the previous update LRevision 2) to the USAR. LILCO's review of this subject indicates that Revision 3 to the USAR will contain less than 40 changes, all of which are relatively minor.
Since, under terms of the Sett1 m nt Agreement LILCO will not operate Shorehan, submitting the DSAR will provide the Commission with the most pertinent information regarding the defueled Shoreham plant.
The staff finds that based on the above considerations, strict application of 10 CFR 50.71(e)(4) is not necessary to achieve the rule's underlying purpose.
This finding is predicated on LILC0 submitting the DSAR and Revision 3 to the USAR, including all changet as of June 28, 1989, on or before June 1, 1990.
3.2 Temporary Relief and Good Faith Efforts to Comply
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In requesting this exemption LILCO seeks not to be excused entirely from the requirements of 10 CFR 50.71(e)(4) to update their USAR. Rather LILCO seeks temporary relief, in the form of a six mov extension to their filing date.
in their letter requesting this exemptioi.,
!LC0 notes that the initiel update of their safety analysis report, as well as Revisions 1 and 2. were submitted on schedule. Having entered into e Settlement Agreement with New York State, L1LCO now is not only resper.sible for meeting all its obligaticos under their operating license and NRC regulctions, but currently is preparing a pefueled Safety Analysit Feport (DSAR), technical and regulatory documents to support future license amendment and exemption requests, and an app 1 W tion to transfer Shorehm's license to an entity of New York State. The licensee notes that updcting the Shoreham USAR, even under ordinary circumstances, is a time consuming task requiring intensive effort on the part of plant personnel.
Plant personnel that would have been available to prepare Pevision 3 to the USAR have spent considerable time and effort preparing the DSAR and related documents.
With submittal of the DSAR the licensee believes that consideration of that document will be of signiflcant regulatory interest.
Further, the licensee states that the information conD ined in the DSAR and related submittalt vill be of paremount importance in determining the future of the Shoreham plant.
Keeping these considerations in mind, the licensee believes it has made a good faith determination that developing the DSAR prior to completing the annual-USAR update is an appropriate ordering of priorities and a prudent allocation of resources.
Based on the above, the staff finds that the exemption would provide only temporary relief from the required filing schedule and that the licensee has made good faith efforts to comply.
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4.0 CONCLUSION
LILCO has stated it will submit a Defueled Safety Analysis Report on or before June 1, 1990. LlLCO has also comitted to filing Revision 3 to their Updated Safety Analysis Report on or before June 1,1990.
In addition Revision 3 to the USAR will contain all changes as of June 28, 1989, the date the Settlement Agreement between LILCO and the State of New York became legally effective, vice changes in effect 6 months prior to the date of filing.
The staff finds that granting this exemption constitutes only temporary relief, and that the licensee has made good faith efforts to comply. Therefore the staff believes that special circumstance (v) of 10 CFR 50.12(a)(2) exists.
Therefore, L1LCO's request for an exemption from the annual update requirement of 10 CFR 50.71(e)(4) should be granted to permit filing Revision 3 to the Shoreham USAR on or before June 1, 1990.
In addition Revision 3 will contain all changes as of June 28, 1989, the date the Settlement Agreement between L1LCO and New York State became legally effective.
Principal Contributor:
E. H. Trottier Dated:
April 25,1990 l
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