ML20082H915
| ML20082H915 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/11/1995 |
| From: | Adensam E NRC (Affiliation Not Assigned) |
| To: | PACIFIC GAS & ELECTRIC CO. |
| Shared Package | |
| ML20082H910 | List: |
| References | |
| NUDOCS 9504170422 | |
| Download: ML20082H915 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COM11SSION In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY.
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Docket Nos. 50-275 and 50-323
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(Diablo Canyon Nuclear Power Plant
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Unit Nos. I and 2)
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EXEMPTION 1.
The Pacific Gas and Electric Company (the licensee) holds Facility Operating License Nos. DPR-80 and DPR-82, which authorizes operation of the Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2, respectively. The license provides, among other things, that the facility'is subject to all rules, regulations, avi orders of the Nuclear Regulatory Cosuiission (the Commission) now or hereafter in effect. The facilities are pressurized-water reactors located at the licensee's site in San Luis Obispo County, California.
II.
Section III.D.I.(a) of Appendix J to 10 CFR Part 50 requires that three sets of Type A tests (integrated leak rate tests) be conducted at approximately equal intervals during each 10-year service period and that the third test be conducted when the plant is shut down for the 10-year plant inservice inspections.
The NRC may grant exemptions from the requirements of the regulations, pursuant to 10 CFR 50.12, that (i) are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security; and (2) present special circumstances. Section 50.12(a)(2) of 10 CFR Part 50 describes special circumstances as including 9504170422 950411 PDR ADOCK 05000275 P
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III.
By letter dated February 16, 1994, the licensee requested an Exemption-1 from the requirement of 10 CFR Part 50, Appendix J, Section III.D.I.(a) and.
associated changes to the technical specifications (TS).
Currently, the Section III.D.I.(a) requirement to conduct the third i
Type A test in each 10-year service period when the plant is shut down for the l
10-year plant inservice inspections and the Diablo Canyon TS requirement that Type A tests be conducted at 40-month intervals plus or minus 10 months would 1
require the licensee,~ because of Diablo Canyon's 18-month fuel cycles, to conduct four sets of Type A tests in each 10-year service period rather than three in order to meet both requirements.
Instead,'the licensee proposes to l
conduct the three tests at approximately equal. intervals during.the ~10-year period consistent with the 18-month refueling. schedule, thereby eliminating the Appendix J requirement for the third Type A test.
i The purpose of Appendix J to 10 CFR Part 50 is to assure that j
containment leakage is within the limits specified in the facility TS. The requirement to conduct the third Type A test _in each 10-year service period when the plant is shut down for the 10-year inservice inspection is to provide a point to establish the Appendix J 10-year interval. The concurrent timing of the two is for schedular convenience with no safety basis. The licensee's alternative proposal to perform three essentially equally spaced tests during each 10-year service period achieves the underlying purpose of the rule by.-
l verifying periodically that containment leakage is maintained within the limits of the facility TS.
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1 Based on'the above discussion, the licensee's proposed alternative test.
schedule.is acceptable.
IV.
Accordingly,'the Commission'has determined that, pursuant-to 10 CFR
'50.12, this exemption'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. The Commission further determines that'special circumstances described by 10 CFR 50.12(a)(2)(ii) exist,.in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule, since the licensee has proposed an acceptable l
i alternative method that accomplishes the intent of the regulation.
.Therefore the Commission hereby grants Pacific Gas and Electric Company an exemption from the requirements of 10 CFR Part 50, Appendix J, Section III.D.I.(a).
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant impact on the quality of the human environment (60 FR 18153).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Elinor G. Adensam, Acting Director Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this lith day of April 1995.
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, t Based on the above discussion, the licensee's proposed alternative test schedule is acceptable.
IV.
Accordingly, the Commission has determined that,. pursuant to 10 CFR 50.12, this exemption 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. The Commission further determines that special circumstances described by 10 CFR 50.12(a)(2)(ii) exist, in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule, since the licensee has proposed an acceptable alternative method that accomplishes the intent of the regulation.
Therefore, the Commission hereby grants Pacific Gas and Electric Company an exemption from the requirements of 10 CFR Part 50, Appendix J, Section III.D.I.(a).
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant' impact on the quality of the human environment (60 FR 18153 ).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Elinor G. Adensam, Acting Director Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 11th day of April 1995.
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- Based on'theLabove discussion, the'1_icensee's proposed alternative tes't-
' schedule is.. acceptable.
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IV.
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'Accordingly,theCommission'has'determinedthat{pursuantto'10,CFR 50.12,thisexemptionis~authorizedbylaw,andsil1Lnotpresentanundu$ risk
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. security. TheCommissionfurther. determines!thatspecihlcircum'stapces.
-describedby.10CFR50.12(a)(2)(ii) exist,N~thatjpplicationofthe',$'. #f.,
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regulationintheparticularcircumstandesisnot,ne'cessar'yliiachieve'3 the, 7 i
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y :e underlying purpose of the rule, since the liyenske has, proposed (an,ac6eptable 6
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alternative method.that accomplishes the intent of,the regulation'. -
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Therefore,theCommissionherebygrants.PacificGasfandjl'ectricCompany
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an exemption from the requirements of 10 CFR Part 50, Appendix J, Section III.D.1.(a).
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Pursuant to 10 CFR 51.32, the Commission has determined that th'e granting of this exemption will have no significant impact on the quality of the human environment (60 FR 18153).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By
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Elinor G. Adensam, Acting Director Division of Reactor Projects III/IV Office 'of Nuclear Reactor Regulation L
Dated at Rockville, Maryland
.this 11th day of April 1995.
1 DOCUMENT NAME:
DC88826.EXE
- See Previous Concurrence Sheet 0FC PDIV-2/LA PW V,- M M SCSB*
OGC PDIV-2/D
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NAME EPY80i
'N M eY:'pk RBarrett CMarco T0uayE Ebsam' DATE 3/T/95
'J/9/95 3/8/95 3/29/95 Sho/95 Md/95
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