ML20195E605
| ML20195E605 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 05/27/1999 |
| From: | Geoffrey Edwards PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 9906140011 | |
| Download: ML20195E605 (7) | |
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10CFR 72.7 PECO NUCLEAR nme-vc - <
Nuclear Group Headquarters A UNir or PECO ENTRcv 965 Chesterbrook Boulevard Wayne. PA 19o87-5691 May 27,1999
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- Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555
Subject:
Peach Bottom Atomic Power Station, Units 2 and 3 Request for Exemption from 10CFR72.44(d)(3) and 10CFR72.72(d)
Gentlemen:
In accordance with 10CFR72.7, PECO Energy Company (PECO Energy) hereby requests an exemption from.10CFR72.44(d)(3) which specifies the submittal date for the annual report of
' principal radionuclides released to the environment. Specifically, an exemption is requested from submitting the annual report within sixty (60) days after January 1 of each year to i
submitting the annual report prior to May 1 of each year, j
Additionally, in accordance with 10CFR72.7, PECO Energy requests an exemption from 10CFR72.72(d) which requires that records of spent fuel in storage must be kept in duplicate.
' Specifically, an exemption is requested to maintain records of spent fuel in storage in an ANSI N45.2.9-1979 qualified records storage facility, consistent with the Peach Bottom Atomic Power
- Station Quality Assurance Program.
The exemption requests provided as Attachments 1 and 2 will not endanger life or property or
~ the common defense and security and are otherwise in the public interest. These exemption
. requests are very similar to those granted to North Anna Independent Spent Fuel Storage Installation. If you have any questions or require additional information, please do not hesitate to contact us.
Very truly yours, -
f Garrett'D. Edwards A
I Director-Licensing :
Attachments
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cc:
H. J. Miller, Administrator, Region 1, USNRC D
A. C. McMurtray, USNRC Senior Resident inspector, PBAPS.
R. R. Janati - Commonwealth of Pennsylvania l
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ATTACHMENTI Peach Bottom Atomic Power Station Units 2 and 3 i
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10CFR72.44(d)(3) Exemption Request 1
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Puch Bottom Atomic Power Station Units 2 and 3 10CFR72.44(d)(3) Exemption Request Page1 Soecific Exemotion Reauested In 'accordance with the provisions of 10CFR72.7, " Specific exemptions," PECO Energy Company (PECO Energy) requests an exemption from certain requirements of 10CFR72.44,
" License conditions." Specifically, we request exemption from the portion of 10CFR72.44(d)(3) which requires, "An annual report be submitted...within 60 days after January 1 of each year..."
in order to coordinate associated reporting requirements for Peach Bottom Atomic Power Station (PBAPS) Units 2 and 3.
This Part 72 annual report requires reporting the quantity of each principal radionuclide released to the environment in liquid and in gaseous effluents during the previous 12 months of operation. _ PBAPS Technical Specifications Reporting Requirement 5.6.3, " Radioactive Effluent Release Report," requires reporting the quantities of radioactive liquid and gaseous effluents and solid waste during the previous year prior to May 1 of each year. As currently configured, separate reports are required in order to transmit the radioactive effluent data which will be generated under the same program for both the PBAPS Independent Spent Fuel Storage installation (ISFSI) and PBAPS Units 2 and 3. The present reporting requirement is unduly repetitious and provides no commensurate safety benefit.
Under this proposal, a single PBAPS Annual Radioactive Effluent Release report would be submitted to the NRC by May 1 of each year for both the "CFR72 and PBAPS Units 2 and 3 Technical Specifications reporting requirements. Submitting separate effluent reports for the ISFSI and the power station, as now required, will result in dual preparation and verification activities which necessitate separate iterations of technical data assimilation, compilation, and transmittal of the reports. Because the ISFSI will have no routine operational events which result in a release of radioactive effluents and is not expected to contribute to reported release, the ISFSI is not expected to impact effluent data reporting in the future. This non-effluent contributor status, combined with the fact that the reporting date does not change the outcome of the report, supports our request that the PBAPS Annual Radioactive Effluent Release Report, which is submitted prior to May 1 of each year, be allowed to serve as the combined reporting mechanism for the PBAPS ISFSI and PBAPS, Units 2 and 3. The process of verifying the accuracy of the collected effluent data, ensuring that no effluents are released by the PBAPS ISFSI, and maintaining facility integrity would remain the same.
Reaulatory Reauirements 10CFR72.44(d)(3) states, "An annual report be submitted to the appropriate regional office specified in appendix A of part 73 of this chapter, with a copy to the Director, Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory Commission, Washington, DC 20555, within 60 days after January 1 of each year, specifying the quantity of each of the principal radionuclides released to the environment in liquid and in gaseous effluents during the previous 12 months of operation and such other information as may be required by the Commission to estimate maximum potential radiation dose commitment to the public resulting from effluent releases. On the basis of this report and any additionalinformation the Commission' may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate."
A request for exemption from 10CFR72.44(d)(3) must also satisfy the requirements of
.10CFR72.7. Our exemption request satisfies these requirements as discussed below.
Peach Bottom Atomic Power Station Units 2 and 3 10CFR72.44(d)(3) Exemption Request Page 2 Reauirements of 10CFR72.7 The specific requirements for granting an exemption form 10CFR72 regulations are set forth in 10CFR72.7, the NRC is authorized to grant an exemption upon a determination that the exemption: (i) is authorized by law, (ii) will not endanger life or property or the common defense and security, and (iii) is in the public interest. The following addresses each of these requirements and demonstrates that the NRC_should grant the exemption request.
A.
The Exemotion Reauest is Authorized by Law
~ The NRC's authority to grant an exemption from its regulations in 10CFR72 is established by law as discussed in 10CFR72.7. Therefore, granting an exemption is j
explicitly authorized by the NRC's regulations.
B.
The Exemotion Reauest Will Not Endanaer Life or Property or the Common Defense and Security The schedular exemption from the requirement to submit the Annual Radioactive Effluent Release Report within 60 days after January 1 of each year for the PBAPS ISFSI does not present any risk to the public health and safety. The date by which the Annual Radioactive Effluent Release Report is required to be submitted has no impact whatsoever on the content of the report. Furthermore, submittal of the data continues
- to be required on an annual basis. Neither the reporting document itself nor its date of i
submittal are related to public health and safety issues or the assurance of the common defense and security.
C.
The Exemotion is in the Public Interest I
The subject exemption would allow PECO Energy resources and management attention to be more focused on areas of nuclear safety significance. Generally, the i
public interest would be served by reducing PECO Energy resources presently dedicated to the duplicative preparation and submittal of separate Radioactive Effluent Release Reports for the PBAPS ISFSI and the PBAPS, Units 2 and 3.
Conclusion The requested schedular exemption from the requirement to submit the Annual Radioactive Effluent Release Report within 60 days after January 1 of each year has no adverse impact on
_ safety and is consistent with NRC activities to reduce unnecessary regulatory burden.
Granting the exemption is furtherjustified based on the ability of PBAPS ISFSI operations to assure cask integrity, PECO Energy's continuing program of monitoring and recording radioactive effluents, and reliance upon the existing process for submitting annual reports.
Therefore, because the requested exemption is authorized by law, will not endanger life or property or the common defenes and security, is in the public interest, and is requested for good cause, PECO Energy respectfully requests that, in accordance with 10CFR72.7 requirements, the NRC grant the requested exemption.
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ATTACHMENT 2 l^
Peach Bottom Atomic Power Station Units 2 and 3
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10CFR72.72(d) Exemption Request l-I s.
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.e Peach Bottom Atomic Power Station Units 2 and 3 10CFR72.72(d) Exemption Request i
Pasa 1 Specific Exemotion Reauested In'accordance with the provisions of 10CFR72.7, " Specific exemptions," PECO Energy Company (PECO Energy) requests an exemption from certain requirements of 10CFR72.72,
" Material balance, inventory, and records requirements for stored materials." Specifically, we request exemption from the portion of 10CFR72.72(d) which requires that records of spent fuel
- in storage be retainad in duplicate in order to maintain ISFSI records in an ANSI N45.2.9-1979 qualified records storage facility, consistent with the approved Peach Bottom Atomic Power Station (PBAPS) Quality Assurance Program.
10CFR72.72(d), which requires records of spent fuel in storage be kept in duplicate, conflicts with the intent of 10CFR72.140(d), "Previously approved programs," which allows licensees to use a NRC approved quality assurance program which satisfies the criteria of Appendix B to 10CFR50 to satisfy the quality assurance requirements for the Independent Spent Fuel Storage Installation (ISFSI). Section XVil of 10CFR50 Appendix B addresses quality assurance records. As stated in our June 9,1998, letter to you, the PBAPS Quality Assuran::e Program which is maintained in Appendix D of the PBAPS Updated Final Safety Analysis
. Report will be applied to PBAPS ISFSI activities. The PBAPS Quality Assurance Program states in part that quality assurance records are maintained in accordance with the commitments to ANSI N45.2.9-1979. This ANSI standard provides for quality assurance
' records to be stored in a records storage facility or maintained in duplicate and stored in l
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. separate remote ocat ons. This exemption request would allow a single ISFSI record of spent fuel in storage to be kept in an ANSI N45.2.9-1979 qualified records storage facility or stored in i
duplicate at separate remote locations, and therefore be retained in the same manner as records for PBAPS.
a Reculatory Reauirements 10CFR72.72(d) states, " Records of spent fuel and high-level radioactive waste in storage must be kept in duplicate. The duplicate set of records must be kept at a separete location 4
sufficiently remote from the original records that a single event would not destroy both sets of records. Records of spent fuel transferred out of an ISFSI or of spent fuel or high-level radioactive waste transferred out of an MRS must be preserved for a period of five years after the date of transfer."
A request for exemption from 10CFR72.72(d) must also satisfy the requirements of 10CFR72.7. Our exemption request satisfies these requirements as discussed below.
i Raouirements of 10CFR72.7
' The specific requirements for granting an exemption form 10CFR72 regulations are set forth in 10CFR72.7, the NRC is authorized to grant an exemption upon a datermination that the exempicon: (i) is authorized by law, (ii) will not endanger life or property or the common defense and security, and (iii) is in the public interest. The following addresses each of these
. requirements and demonstrates that the NRC should grant the exemption request.
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Peach Bottom Atomic Power Station Units 2 and 3 10CFR72.72(d) Exemption Request Page 2 A.
The Exe' motion Reauest irj athorized by Law
- The NRC's authority to grant an exemption from its regulations in 10CFR72 is established by law as discussed in 10CFR72.7. Therefore, granting an exemption is explicitly authorized by the NRC's regulations.
B.
The Exemotion Reauest Will Not Endancer Life or Procedy or the Common Defense and Security Allowing the attemate method of storing a single copy of records of spent fuelin storage in a records storage facility meeting ANSI N45.2.9-1979 requirements is consistent with our approved quality assurance program. An ANSI N45,2.9-1979 qualified records storage facility provides equivalent records protection by th0 design features of the facility rather than by remote and duplicate records storage.
Furthermore, this exemption allows ISFSI records of sent fuel in storage to be stored in the same manner as PBAPS records. Therefore, this exemption from the requirements of 10CFR72.72(d) will not endanger life or property or the common defense and security.
I C.
The Exemotion is in the Public Interest The exemption from the method of storage requirement of 10CFR72.72(d) will allow records of spent fuciin storage to be stored in the same manner as PBAPS records.
- This provides for uniiormity and consistency in records storage. Requiring a special method of storage for certain ISFSI records provides no benefits and may unnecessarily divert resources. Consequently, the exemption request is in the public interest.
Conclusion 10CFR72.72(d), which requires records of spent fuel in storage be kept in duplicate, conflicts with the intent of 10CFR72.140(d), which allows licensees to use an NRC approved Appendix B to 10CFR50 quality assurance program to satisfy the quality assurance requirements for an ISFSI.
Therefore, because the requested exemption is authorized by law, will not endanger life or propedy or the common defense and security, is in the public interest, and is requested for good cause, PECO Energy respectfully requests that, in accordance with 10CFR72.7
- requirements, the NRC grant the requested exemption.
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