ML20057D158

Requests for Exemption from Requirement of 10CFR50.54(y) Re Approval to Depart from License Conditions or TS in Event of Emergency

ML20057D158
Person / Time
Site:	Yankee Rowe
Issue date:	09/24/1993
From:	Thayer J YANKEE ATOMIC ELECTRIC CO.
To:	Fairtile M NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
References
BYR-93-066, BYR-93-66, NUDOCS 9310010197
Download: ML20057D158 (4)

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.YAlVKEE ATOMICELECTRIC COMPANY

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WA 580 Main Street, Bolton, Massachusetts 01740-1398

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s September 24,1993 BYR 93-066 t

U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Attention:

Mr. Morton Fairtile Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Operating Reactor Support

References:

(a)

License No. DPR-3 (Docket No. 50-29)

(b)

Letter, J. Thayer, Yankee Atomic Electric Company (YAEC) to M. Fairtile, U.S. Nuclear Regulatory Commission (NRC), dated i

May 15,1992 (c)

Letter, M. Fairtile, NRC to J. Grant, YAEC, dated June 16,1992 (d)

Letter, M. Fairtile, NRC to J. Grant, YAEC, dated July 22,1992 i

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Subject:

EXEMPTION FROM THE REOUIREMENTS OF 10 CFR 50.54(y)

Yankee Atomic Electric Company (YAEC) requests an exemption for the Yankee j

Nuclear Power Station (YNPS) from the requirement of 10 CFR 50.54(y) regarding approval to depart from license conditions or technical specifications in the event of an l

emergency. This exemption request is being made in accordance with the requirements of 10 CFR 50.12, " Specific exemptions," and is consistent with an earlier NRC-approved technical specification change to replace licensed senior operators with certified fuel i

handlers for the permanently defueled condition.

j Exemption Reauest i

Title 10 CFR 50.54(x) specifically states the following:

"A licensee may take reasonable action that departs from a license condition or a technical specification.. in an emergency when this action is immediately needed to protect the public health and safety and no action consistent with license conditions or technical specifications that can 1

provide adequate or equivalent protection is immediately apparent."

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1 U.S. Nuclear Regulatory Commission September 24,1993 Page 2 Title 10 CFR 50.54(y) specifically states the following:

" Licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator prior to taking the action."

Since YNPS has been permanently shutdown and defueled since February 1992, and operator licenses have been terminated, YAEC finds it necessary to request an exemption to 10 CFR 50.54(y) in order to ful511 the underlying purpose of the rule.

Bases for Exemption i

Title 10 CFR 50.12, " Specific exemptions," describes the criteria which licensees must meet in order for the NRC to grant an exemption from the requirements of 10 CFR Part 50. The NRC may grant an exemption if special circumstances exist, an undue risk to the public will not be present, and the exemption is consistent with the common defense and security. The following special circumstance is addressed to support the requested exemption to 10 CFR 50.54(y):

0 CFR 50.12(aM2)(ii)

" Application of the regulation in the particular ciicunstances would not serve the underlying purpose of the rule.. "

Title 10 CFR 50.54(x) recognizes that abnormal conditions not considered by the existing license and technical specifications could occur at a facility. Paragraph (x) further recognizes that in such an instance, the licensee must have the authority to take those actions that will protect the public health and safety. Title 10 CFR 50.54(y) specifically j

identifies who can take the actions allowed by 10 CFR 50.54(x). The underlying purpose i

of 10 CFR 50 54(y) is to ensure that an emergency departure from a license condition or technical specification is approved by an individual having detailed knowledge of the plant systems, procedures, and parameters which are important to safety.

Title 10 CFR 50.54(y) specifically requires that, as a minimum, a licensed senior operator approve an action taken under paragraph (x). YNPS no longer has licensed operators. YNPS has been permanently shutdown and defueled since February 1992 and j

received a Possession Only License amendment on August 5,1992. In recognition of YNPS' permanently defueled condition, YAEC requested approval by the NRC of Certified Fuel llandler Certification and Recertification Programs and a technical specification change that would replace licensed senior operators with certified fuel handlers (Reference (b)).. YAEC's Certified Fuel llandler programs and technical

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.U.S. Nuclear Regulatory Commission

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specification amendment were approved by the NRC on June 16,1992 (Reference (c))

and July 22,1993 (Reference (d)), respectively. The technical specification change recognized that (1) the number of systems and components needed to maintain the plant in a safe configuration was substantially reduced upon permanent cessation 'ef operations, (2) the nurnber of shift staff duties was substantially reduced, and (3) the remaining shift staff activities were appropriately refocused on systems related to storage of spent fuel.

1 In the permaaently defueled condition, the certified fuel handler is analogous to a

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licensed senior operator at an operating facility. The certified fuel handler has the requisite knowledge to make the kind of decisions allowed by 10 CFR 50.54(x). As delineated in the Certified Fuel Handler Certification and Recertification Programs, a certified fuel handler must be knowledgeable of radiological and mechanical principles, plant systems, plant operating procedures, abnormal operating procedures, accident i

analyses, technical specifications, administrative procedures, and emergency plans.

Detailed knowledge in these areas is demonstrated by each certified fuel handler through j

classroom training, on-the-job training, comprehensive written and oral exams, and on-i going recertification.

Although it is highly unlikely that emergency actions as described by 10 CFR 50.54(x) will ever be needed given the permanently defueled condition of YNPS,it is important that the appropriate licensee personnel have the-authority to take emergency actions if needed. Because the certified fuel handler position for a permanently defueled facility is analogous to a licensed senior operator for an operating facility, the underlying purpose of 10 CFR 50.54(y) would not be served unless certified fuel handlers are authorized to fulfill the requirements of 10 CFR 50.54(x).

Schedule for Approval and Effective Date

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Yankee requests NRC review of this exemption request and issuance of approval by December 31,1993. Following approval of this exemption, YAEC will establish administrative controls requiring that any emergency action permitted by 10 CFR 50.54(x) be approved, as a minimum, by a certified fuel handler prior to taking the action. The Certified Fuel Handler Certification and Recertification Programs will specifically address the responsibility of the certified fuel handler in fulfilling 10 CFR 50.54(y).

1 This exemption request has been reviewed by the Plant Operations Review Committee.

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,U.S. Nuclear Regulatory Commission September 24,1993 Page 4 We trust that you will find this transmittal satisfactory; however, should you desire additional information, please contact Jane Grant or me at 508-779-6711.

Sincerely, YANKEE ATOMIC ELECTRIC COMPANY K. Thayer Vice President and Manager of Operations c:

Document Control Desk

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R. Dudley, NRC, NRR NRC Region I i

E. Kelly, NRC Region I l