ML20045C970
| ML20045C970 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 06/23/1993 |
| From: | Grimes B Office of Nuclear Reactor Regulation |
| To: | PORTLAND GENERAL ELECTRIC CO. |
| Shared Package | |
| ML20045C965 | List: |
| References | |
| NUDOCS 9306250167 | |
| Download: ML20045C970 (4) | |
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UNITES 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 I.
The Portland General Electric Company et al, (PGE or the licensee), is the holder of Facility Operating License No. NPF-1 which authorizes possession and maintenance of the Trojan Nuclear Plant (facility or plant). The licensee provides, among other things, that the plant is subject to all rules, regulations, and orders of the Commission now or hereafter in effect.
The facility is a pressurized water reactor, currently in the process of being decommissioned, and is located in Lolumbia County, Oregon, on the Columbia River. The plant is shut down and the reactor is defueled.
II.
Title 10 of the Code of Federal Regulations, Section 50.54(x)
(10 CFR 50.54(x)), allows each licensee to "take reasonable action that departs from a license condition or a technical specification (contained in a license issued under this part) in an emergency when this action is immediately needed to protect the public health and safety and no. action consistent with license conditions and technical specifications that'can-provide adequate or equivalent protection is immediately apparent."
9306250167 930623 PDR ADOCK 05000344 P
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Section 50.54(y) of 10 CFR states that such " action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator prior to taking the action." The underlying purpose of 10 CFR 50.54(x) and (y) is to permit personnel to take emergency actions in response to abnormal conditions which may not have been considered when the License Conditions and i
Technical Specifications were formulated when approved by a senior member of the licensee staff who was technically qualified to carry out licensed activities.
See 48 Federal Register 13966 (April 1, 1983).
III.
By letter dated January 27, 1993, the licensee requested an exemption from 10 CFR 50.54(y) for the Trojan Nuclear Plant. Trojan Nuclear Plant was permanently shut down on November 9, 1992, and defueling of the reactor completed on January 27, 1993. On March 24, 1993, the NRC staff issued an order confirming the commitment of the licensee dated February 17, 1993, not to move fuel back into the containment without prior NRC staff approval. On May 5, 1993, the NRC staff issued an amendment to Facility Operating License i
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No. NPF-1 modifying the operating license to a possession only license. The licensee Certified Fuel Handler Training and Retraining Program was approved I
by the staff on April 27, 1993. Amendment 191 to the Trojan license permitted the licensee to replace the 10 CFR Part 55 licensed operator program at the Trojan Nuclear Plant with the approved Certified fuel Handler Training and
'l Retraining Program. Senior Reactor Operators are no longer required at
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i Trojan Nuclear Pnt.
The non-licensed Certified Fuel Handler position is the highest level of defueled plant operator, analogous to a licensed senior operator at an operational facility. Allowing a Certified fuel Handler, i
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in lieu of a Senior Reactor Operator, to approve the taking of actions under 10 CFR 50.54(x) for a facility with a possession only license presents no undue risk to the public health and safety.
The licensee will assure that the underlying purpose of 10 CFR 50.54(y) is fulfilled by establishing administrative controls requiring that any emergency action permitted by 10 CFR 50.54(x) must be approved, as a minimum, by a Certified Fuel Handler prior to taking the action. The administrative i
controls will be implemented when the proposed Technical Specification change is implemented.
-l The application of the regulation in the particular circumstances existing at Trojan Nuclear Plant would not serve the underlying purpose of the rule and is not necessary to achieve the underlying purpose of the rule. A Certified Fuel Handler will have appropriate technical qualifications to carry-out licensed activities under the possession only license, and a Senior i
Reactor operator is not necessary to approve the taking of action under 10 CFR 50.54(x). Therefore, based on the considerations stated.above, the staff concludes that the request of the licensee for an exemptian from the requirements of 10 CFR 50.54(y) is acceptable and should be granted.
IV.
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, an 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. Therefore, the Commission hereby grants the exemption 1
request from the requirements of 10 CFR 50.54(y), far the Trojan Nuclear Plant to allow the approvals provided for therein may be ' ranted by a certified fuel handler.
Pursuant to 10 CFR 51.32, the Commission has determined that the issuance of this exemption will have no significant impact on the quality of the human environment (58 FR 33958 - June 22,1993).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY MMISSION
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h rian K. Grimes, Director Division of Operating Reactor Support Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 23rd day of June 1993 l
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