ML20195E901

Comment Supporting Proposed Rule Re Reporting Requirements in 10CFR72.Concurs with NRC Conclusion That Test Rept & Subsequent Holding Period,Unnecessary

ML20195E901
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	11/04/1998
From:	Quennoz S PORTLAND GENERAL ELECTRIC CO.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-63FR49046, FRN-64FR17510, RULE-PR-72 63FR49046-00002, 63FR49046-2, AG02-2-008, VPN-062-98, VPN-62-98, NUDOCS 9811190147
Download: ML20195E901 (5)

Text

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t DOCKETED USHRC GE corii aa.a. i i.<* ricco-o ar Trojan Nuclear Plant 72760 Columbia River Hry Rainier oR 97048 W NDV 1 7 All 3 6 l l

(503) 556-3713 l cpi , November 4,1998 l RU:

ADJU1 VPN-062-987 Secretary i 00CKET NU4iBER U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 CROPOSED RULE Mr 7A gggg g 7 Attention: Rulemaking and Adjudications Staff I i

Dear Sir:

Comments on NRC Rulemaking to Eliminate Reporting Reauirement for ISFSI Preonerational Tests On September 14,1998, the NRC published a proposed rule conceming reporting requirements in 10 CFR 72 (Federal Register Volume 63, Number 177). The NRC is amending its regulations to eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. As noted in the NRC's description of the proposed rule, experience has shown that the NRC staff does not need the report or the holding period because the NRC staffis on site and evaluates preoperational testing as it occurs.

Podland General Electric strongly supports this NRC effort to eliminate an unnecessary regulatory impact on licensees. Specific comments on the proposed rule are provided in an attachment to this letter.

If you have any questions regarding this information, please contact Joel Westvold of my staff at (503) 556-6485.

Sincerely, i

A Stephen M. Quennoz 9811190147 9ei104 +- Trojan Site Executive PDR PR 72 63FR49046 PDR r

Connecting People, Power and Possibilities ggQ

L VPN-062-98 November 4,1998 Page 2 of 2 Attachment c: , T. J. Kobetz, NRC, NMSS L. H. Thonus, NRC, NRR R. A. Scarano, NRC Region IV David Stewart-Smith, OOE

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i i Attachment I to VPN-062-98 l November 4,1998 Page 1 of 3

! Comments on NRC Rulemaking to Eliminate Reporting Requirement for ISFSI Preoperational Tests l Federal Register: September 14,1998 (Volume 63, Number 177, p. 49046) t

Background

! By letter dated March 26,1996, (PGE letter VPN-012-96), Portland General Electric (PGE) j applied for a license for an independent spent fuel storage installation (ISFSI) to be constructed

( at the site of the Trojan Nuclear Plant. The NRC has assigned Docket Number 72-017 to this license application. PGE is constructing the Trojan ISFSI to allow the removal of spent nuclear fuel from the Trojan Nuclear Plant to facilitate decommissioning activities.

PGE has completed construction of portions of the Trojan ISFSI and is continuing with the

! fabrication of the remaining major components. Following completion of these remaining fabrication activities, PGE will begin preoperational testing of the fuel storage system. Given the current status of the NRC's review of the pending Trojan ISFSI license application, it is possible l

l that the ISFSI license will be issued prior to completion of the ISFSI preoperational testing. In l

that case, PGE would be prepared to begin fuel loading operations and startup testing immediately following the successful completion of preoperational testing.

l Current regulations, however, require that PGE submit a report of the results of the l

l preoperational testing at least 30 days prior to receipt of spent fuel at the Trojan ISFSI. This l regulatory requirement could result in an unnecessary delay in the transfer of spent fuel from the TNP to the Trojan ISFSI. By letter dated February 10,1998 (VPN-012-98), PGE requested an exemption from this requirement.

Comments on Proposed Rule ,

]

As noted in the notice accompanying the proposed rule change, the purpose of the 30-day period is to establish a hold point to allow the NRC to review a licensee's preparations and, if necessary, exercise its regulatory authority before spent fuel is received at an ISFSI. Licensees are not required to obtain NRC approval of the report before commencing loading operations.

PGE concurs with the NRC's conclusion that the test report and subsequent holding period are unnecessary. Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for a site-specific license (Sec. 72.24(g)) contain a description of the preoperational

a Attachment I to VPN-062-98 November 4,1998 Page 2 of 3 testing program. Licensees are required to complete the preoperational testing program described in the SAR before spent fuel is loaded. In addition, detailed testing procedures are available for review by NRC inspection personnel prior to the commencement of preoperational testing.

The NRC staff typically maintains an extensive presence during the preoperational testing of ISFSIs, reviewing the acceptance criteria, preoperational test, and test results as they occur. As described in the NRC's inspection procedures , the objectives of the NRC inspection effort during preoperational testing are, in part, to:

. ".... determine by direct observation and independent evaluation whether the licensee has developed, implemented, and evaluated preoperational testing activities to safely load spent fuel from the spent fuel pool into a dry cask storage system (DCSS) and to transfer the loaded DCSS to the Independent Spent Fuel Storage Installation (ISFSI)."

. . .. determine whether the licensee has fulfilled all test acceptance criteria and that all identified deficiencies are resolved before receipt of fuel at the ISFSI."

. " Independently assess, at the completion of the preoperational testing program, the licensee's readiness to load spent fuel into the ISFSI or retrieve spent fuel from the ISFSI."

Thus, NRC staff has immediate access to the licensee's procedures and test results. Therefore, the NRC staff does not need either a preoperational test report or a 30-day hold period to determine whether further regulatory action is needed before fuel loading and transfer operations begin.

The results of the NRC's inspection is subsequently documented in a written inspection report that is placed in the NRC Public Document Room. This report contains conclusions on whether the licensee has adequately completed the preoperational test progrmn, and an assessment of the licensee's readiness to begin loading spent fuel. Thus, under the proposed rule, the public will retain the ability to review the results of the test program even without the submittal of a preoperational test report by the licensee.

PGE also concurs with the statements accompanying the proposed rule, that the 30-day hold established by Sec. 72.82(e) creates a potentially significant financial burden for licensees. PGE estimates that the 30-day hold period mandated by the current rule could result in increased costs

'NRC Inspection Procedure 60854 - Preoperational Testing of an ISFSI

1 Attachment I to VPN-062-98 November 4,1998 Page 3 of 3 l of more than $300,000 due to expenses associated with maintaining necessary staffing during the 30-day delay. The elimination of this 30-day hold period would avoid such unnecessary costs j and enable PGE to use the crew assembled for fuel transfer while the lessons of preoperational l testing are fresh in their minds.

l Several utilities, including PGE, have requested exemptions from this reporting requirement )

l based on arguments similar to those cited by the NRC in support of this proposed rule. The '

elimination of this requirement would benefit both future licensees and the NRC staff by  !

eliminating the time and resources spent in the preparation of such exemption requests and their review by the NRC staff.

l l Conclusion i

PGE strongly supports the proposed rule change. The proposed change will eliminate a report and 30-day hold period that are not needed by the NRC and could result in substantial cost savings by licensees. The descriptions of the preoperational testing contained in the ISFSI SAR, the detailed procedures which will be available to NRC inspection personnel, and the NRC's L

direct inspections and observations will continue to provide ample basis for the NRC's assessment of preoperational testing activities.

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