ML20057A663

Exemption from Requirements of Section Iv.A of App J to 10CFR50 Which Requires That Type A,B or C Leak Rate Test Be Performed Following Major Mod or Replacement of Component Which Is Part of Primary Containment Boundary

ML20057A663
Person / Time
Site:	FitzPatrick
Issue date:	08/30/1993
From:	Varga S Office of Nuclear Reactor Regulation
To:	POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20057A655	List: ML20057A663
References
NUDOCS 9309150115
Download: ML20057A663 (7)

Text

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

1 In the Matter of

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POWER AUTHORITY OF THE

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Docket No. 50-333 l

STATE OF NEW YORK

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(James A. FitzPatrick

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i Nuclear Power Plant)

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e EXEMPTION I.

The Power Authority of the State of New York (the licensee) is the holder of Facility Operating License No. DPR-59, which authorizes operation of the James A. FitzPatrick Nuclear Power Plant (the facility). The license provides, among other things, that the facility is subject to all the rules, regulations, and Orders of the Nuclear Regulatory Commission (the Commission) now or hereafter in effect.

The facility is a boiling water reactor located at the licensee's site in Oswego County, New York.

II.

t Section IV.A. of Appendix J to 10 CFR Part 50 requires that a Type A, B, or C leak rate test (as applicable) be performed following any major f

modification or replacement of a component which is part of the primary containment boundary.

i PDR A

PDR P

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l Augmented erosion / corrosion inspections conducted by the licensee during the 1992 refueling outage revealed the presence of pipe wall thinning in the two Core Spray system minimum flow lines (3"-W23-152-7A, B). As a result of these inspections, the licensee plans to replace approximately 5 feet of piping in each of these lines during the fall 1993 maintenance outage. This 3-week outage is scheduled for September 1993. The planned repairs constitute a replacement of a component that is part of the primary containment boundary i

and will be performed in accordance with the requirements of American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),

Section XI, and American National Standards Institute (ANSI) B-31.1-1967 (the construction code for the facility).

The licensee has determined that Section IV.A. of Appendix J to 10 CFR Part 50 requires that a Type A, B, or C leak rate test, as applicable, be performed following the completion of repairs to the Core Spray system minimum flow lines.

However, because of the locations of the repairs, a Type B or C test cannot be performed. Also, because of the setup and testing time involved and the significant delay it would have on plant startup, a Type A primary containment integrated leak rate test is not feasible.

The licensee estimates that performance of a Type A test would extend the planned 3-week outage by a minimum of 3 to 4 weeks.

By letter dated June 28, 1993, the licensee requested a one-time exemption from the Appendix J criteria and submitted an Elternate testing 9

program. This testing program consists of 100 percent radiography of the new welds, surface examination on new welds that form a portion of the primary

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l i containment boundary, and a system leakage test (in accordance with ASME Code Section XI, 1980 Edition through Winter 1981 Addenda, paragraph IWA-5213).

i The staff has reviewed the licensee's exemption request and prepared a l

safety evaluation (SE). This SE determined that the licensee's alternate testing program provides a comparable level of safety to that provided by Section IV.A. of Appendix J to 10 CFR Part 50.

The staff's SE supporting this exemption is dated August 30, 1993.

III.

The Comission's regulations at 10 CFR 50.12(2) specify that special 1

circumstances must be present in order for an exemption to be granted.

According to 10 CFR 50.12(a)(2)(ii), special circumstances are present whenever the application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.

The underlying purpose of the requirements of Section IV.A. of Appendix J to 10 CFR Part 50, is to ensure that the primary containment integrity is not compromised or that repairs do not result in unacceptable leakage when components which form part of the boundary are replaced.

In the case of the planned repairs of the Core Spray system minimum flow lines, this will be l

achieved and served by the nondestructive tests that will be performed.

In this case, the 100 percent radiography of the new welds, surface examinations on new welds that form a portion of the primary centalisment boundary, and a system leakage test will provide the equivalent of protection as that provided by a Type A, B, or C leak rate test. Therefore, application

. of the rule in these circumstances is not necessary to achieve the underlying purpose of the rule and the Commission's staff finds that there are special circumstances in this case which satisfy the standards of 10 CFR 50.12(a)(2)(li).

IV.

Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), this exemption as described in Section III, is authorized by law, and will not present an undue risk to the public health and safety, and is consistent with the common defense and security, and special circumstances are present for the exemption, in that application of the regulation in this particular circumstance is not necessary to achieve the underlying purposes of Section IV.A. of Appendix J to 10 CFR Part 50. Therefore, the Commission hereby grants the exemption from Section IV.A. to allow the nondestructive testing on the repaired sections of the Core Spray system minimum flow lines to fulfill the requirement for a Type A, B, or C test.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this Exemption will have no significant impact on the environment (58 FR 41812).

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. For further details with respect to this action, see the licensee's request dated June 28, 1993, which is available for inspection at the Commission's Public Document Room, 2120 L Street NW., Washington, DC 20555 and at the Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York.

FOR THE NUCLEAR REGULATORY COMMISSION

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en. Va'rga, Dir ivision of Reactor jects - I/II Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 30thday of August 1993 i

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. For further details with respect to this action, see the licensee's request dated June 28, 1993, which is available for inspection at the Commission's Public Document Room, 2120 L Street NW., Washington, DC 20555 and at the Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York.

FOR THL NUCLEAR REGULATORY COMMISSION Orininal-signed by:

Steven A. Varga, Director Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation j

Dated at Rockville, Maryland, this 3 nth day of August 1993 i

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e Mr. Ralph E. Beedle August 30, 1993 A copy of the related Safety Evaluation is enclosed. A copy of the Exemption and a Notice of Issuance are being forwarded to the Office of the Federal Reaister for publication.

l Sincerely, l

Original signed by:

John E. Menning, Project Manager Project Directorate I-l Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Enclosures:

1.

Amendment No.196 to DPR-59 2.

Exemption j

3.

Safety Evaluation cc w/ enclosures-I See Next page i

i Distribution:

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