ML20136H739

Requests Supplemental Technical Evaluation Based on Encl Rev to 10CFR50.12 Re Util Exemption from App J Containment Airlock Testing Requirements.Since Licensing Will Not Occur Before Effective Date of Rev,Exemption Must Be Reviewed

ML20136H739
Person / Time
Site:	Perry
Issue date:	01/06/1986
From:	Stefano J NRC
To:	Notafrancesco NRC
References
NUDOCS 8601100475
Download: ML20136H739 (3)

Text

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O O JAN 0 01936 NOTE T0: A. Notafrancesco ,

FROM: John J. Stefano

SUBJECT:

PERRY 1 EXEMPTION FROM APPENDIX J CONTAINt!ENT AIRLOCK TESTING REQUIREMENTS I have been advised by ELD (Joe Gray) that a revision to 10 CFR 50.12 of the regulations, regarding specific exemptions, becones effective on January 13, 1986.

A copy of this revision, as was published in the Federal Register on December 12, 1985, is enclosed.

Since Perry I licensing will not occur before January 13, 1986, we are required to re-review our previous action and technical evaluation, which granted CEI an exemption from the containment airlock testing requirement of Paragraph III.D.2(b)(ii) of Appendix J, to address the "s in the enclosure (10 CFR 50.12(2)(i) thru (vi))pecial circumstance Although we need not(s)," listed republish our intent to you provided and(grant theisexemption, which documentedwein do need6.2.6 Section to modify of SERthe technicalNo.

Supplement evaluation 7,

beginning on page 6-11) prior to Perry I licensing.

Your supplemental technical evaluation predicated on the enclosed regulatory change is accordingly requested. Your TER should be provided no later than January 10, 1986 in order that it may be documented in SER Supplement No. 8 (currently in preparation), and enable us to support a Perry I low power licensing date which is currently targetted for the week of January 20, 1986.

ELD end I will be available to provide any guidance you may require in responding to this request.

OriginM simuy John J. Stefano

Enclosure:

As stated DISTRIBUTION cc w/ enclosure:  : Docket File R. Bernero/R. Houston NRC 'PDR "' '

G. Lainas Local PDR J. Hulman PD#4 Reading J. Kudrick JStefano W. Butler fiRushbrook C. Woodhead, ELD J. Gray, ELD P 4/M4 PD#4/D JS efano:lb WButler\

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2 o NUCLEAR REGULATORY COMMISSION 3 E WASHINGTON, D. C. 20555

.....* JAN 0 C 1956 NOTE T0: A. Notafrancesco FROM: John J. Stefano

SUBJECT:

PERRY 1 EXEMPTION FROM APPENDIX J CONTAINMENT AIRLOCK TESTING REQUIREMENTS I have been advised by ELD (Joe Gray) that a revision to 10 CFR 50.12 of the regulations, regarding specific exemptions, becomes effective on January 13, 1986.

A copy of this revision, as was published in the Federal Register on December 12, 1985, is enclosed.

Since Perry 1 licensing will not occur before January 13, 1986, we are required to re-review our previous action and technical evaluation, which granted CEI an exemption from the containment airlock testing requirement of Paragraph III.D.2(b)(ii) of Appendix J, to address the "s in the enclosure (10 CFR 50.12(2)(1) thru (vi))pecial .

circumstance Although we need (s)," listed not republish our intent to grant the exemption, we do need to modify the technical evaluation you provided (and which is documented in Section 6.2.6 of SER Supplement No. 7, beginning on page 6-11) prior to Perry 1 licensing.

Your supplemental technical evaluation predicated on the enclosed regulatory change is accordingly requested. Your TER should be provided no later than January 10, 1986 in order that it may be documented in SER Supplement No. 8 (currently in preparation), and enable us to support a Perry 1 low power licensing date which is currently targetted for the week of January 20, 1986.

ELD and I will be available to provide any guidance you may require in responding to this request.

7 l

/ 1 lohn . te o 1

Enclosure:

As stated ,

cc w/ enclosure:

R. Bernero/R. Houston l G. Lainas l J. Hulman

J. Kudrick W. Butler C. Woodhead, ELD l J. Gray, ELD

Fedtrcl Register / Vol. 50. No. 239 / Thursdry". Deoe 2. 1985 / u s c'n i! R g'ul ns 2777 p12(a)(2)(v). In which it would be Regulatory Analysia . (c] and 50.54 are issued under sec. t81L as equitable to provide relief from the

• The Commission has prepared a regulations. In these cases, after regulatory analysis on this final rule. . fl[de').%b a a Ts.

documentation of the material and soJs are luued under sec.181o. es stat.

circumstances not considered when the The analysis examines the costs and benefits of the alternatives, as well as eso. as amended (42 UAC 22!Z*" 'Y regulation was adopted. a determination InI paragrs% N h W th:t the exemption would be in the the environmental assessment. ,

considered by the Commission.ne to read as follows: 1. . - .

public interest, and meeting the general criteria, including "no undue risk, in analysis is available for inspection in g so.12 specmc saempoons. .b i 50.12(a)(1), an exemption could issue. the NRC Public Document Room.1717 H n Street NW, Washington. DC. Single b The Commi H: wever, this provision would also ,

appl cation bv any i cres person or copies of the analysis may be obtained -

seon ti could 8 e pa R at ry Co i h o C 20555. Telephone:301 4 2-6889.

'Ine Commission notes that because an undue risk to the public health and th2 criteria in i 50.12(a)(2) will now Regulatory Mexibility Certification safety, and are consistent with the include consideration of hardships or In accordance with the Regulatory common defense and security.

l unusual difficulties, as well as the level Mexibility Act of 1980. 5 U.S.C. 805(b). (2) ne Commluion will not consider li cf safety. it is deleting the provision the Commission hereby certifies that this granting an exemption unless special

[ from existing I 50.12(a) on additional rule will not have a significant economic circumstances am present. Sprcial requirements for exemptions from the . impact upon a substantial namber of . circumstances are present whenever- .

E frcciure toughness requirements of10 small entities. The final rule primarily (i) Application of the regulation in the

? CHL Part 50. Appendices G and H. A affects commercial power reactor particular circumstances conflicts with 9 corresponding deletion has been made licensees and license applicants, none of other rules or requirements of the

,- to 10 CR 50.60(b). whom constitute a "small entity." Commission: or

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(ii) Application of the regulation in the nading of No Significant Environmental Ust of Subjects in 10 CFR Part 50 Impact: Availability particular circumstances would not Antitrust. Cla ssified information; Fire serve the underlying purpose of the rule ne Comminion has determined prevention. Incorporation by reference. oris not necessary to achieve the .

under the National Environmental Policy Intergovernmental relations. Nuclear underlying purpose of the rule:or Act of 1969. as amended, and the power plants and reactors. Penalty. (iii) Compliance would result in undee Commission's regulations in Subpart A Radiation protection. Reactor siting hardship or other costs that are cf to CFR Part 51 that this rule is not a criteria. Reporting and recordkeeping significantly in excess of those .

, major Federal action significantly requirements. contemplated when the regulation was efficting the quality of the human For the reasons set out in the. -

adopted, or that are significantly in environment.nerefore the Commission preamble, and under the authority of the excess of those incurred by others his determined that it will not prepare Atomic Energy Act of1954, as amended, similarly situated; or cn environmental impact statement for the Energy Reorganication Act of1974. (iv) The exemption would result in this action.ne final rule modifies that as amended, and 5 U.S.C. 553. the NRC benefit to the public health and safetf crittria and procedures for the is adopting the following amendments to that compensates for any decrease in consideration of exemption requests 10 Cm Part 50. '

safety that may result from the grant of undir 10 CFR Part 50. The adoption of the exemption: or  !

such criteria and procedures does not PART 50-DOMESTIC UCENSING OF have en environmentalimpact in and of PRODUCTION AND UTIUZATION (v) ne exemption would provide only f I temporary relief from the applicable l

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I Itself.The potential environmental FACILITIES regulation and the licensee or applicant f imp:ct of a specific exemption will be 1.ne authority citation for Part 50 has made good faith efforts to comply svaluated as appropriate. in the context continues to read as follows: with the regulation; or cf the specific request for an exemption.

Authority: Secs.103, t04.161.182, t e3,1es. s (vi) Here is present any other Th2 environmental assessment and see, se Stat. sue, e37. e4a. 953. es4. ess, eso. as finding of no significant impact on material circumstance not considered amended sec.234.83 stat.1244 se amended  ; when the regu!stion was adopted for which this determination la bued have (42 US C 2133. 2134. 2201. 2232. 22n. 2236 which it would be in the public interest bein Incorpora ted into the regulatory 2239,22A2h secs. 201. 202. 20s. es Stat.1242.

to grant an exemption. If such Condition en: lysis for this rulemaking.The 1244,124e as amended (42 US C se41. se42.

se46. '"

is relied on exclusively for satisfying availability of the regulatory analysis / *j paragraph (a)(2) of this section, the environmental assessment is noted .c n so ? du PM es act. sec.10. 92 Stat. 2851 (42 USC. s6it). exemption may not be granted until the ur dir Regulatory Analysis. infra. No Sections so47(dl. so.se. so.et. and so 92 el.o Executive Director for Operations has cther related environmental documents issued under Pub 1. e7-41s. Se Stat. 2071, consulted with the Comm' salon.

cre relevant to this determination. 2073 (42 US C 2133,2239). Section scL7e also a * * *

• P:perwork Reductice Act '"'d er S at U

[*332i 3. In 150.00. paragraph (b)is revised His final rule does not contain a new sec.164. es Stat. es4. as amended (42 USC to read as follows:

cr emended information collection 2234 Secuona sa1M102 ateo inued g 50.80 Acceptance cettefta for fracture requirement subject to Paperwork under sec.1sa. es Stat. ess (42 US C 2239). pavenuon menurn for 59 htv atw ri ~

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Reduction Act of1980(44 US.C.3501 et seq.). Existing requirements were am)d 42N 1o tai.k P**" '*****'*I '**'**P"*"*"

end (c). 50 44. 50 es, so 4e. so.s4. and soJeo(a)

; cpproved by the Office of Management are inued under acc. telb. as Stat. e4es se (b) Proposed alternatives to the l

cnd Budget approval number 3 50-0011.

amended (42 UAC 2201(b)): II 50.10 (b) and described requirements in Appendices G c

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