ML20202J085
| ML20202J085 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 12/02/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | NORTHEAST NUCLEAR ENERGY CO. |
| Shared Package | |
| ML20202J084 | List: |
| References | |
| NUDOCS 9712110038 | |
| Download: ML20202J085 (4) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No. 50-245 (Millstone Nuclear Power Station,
)
Unit No. 1)
)
EXEMPTION 4
l 1.
The Northeast Nuclear Energy Company (NNECO or licensee) is the holder of Facility Operating License No. DPR-21, which authorizes operation of Milhtone Nuclear Power Station, Unit No.1 (MNPSI), at a rated power level not in excess of 2011 megawatts (thermal). MNPSI is a boiling water reactor located at the licensee's site in New London County, Connecticut.
The license provides among other things, that it is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (the Commission or NRC) now or hereafter in effect.
II.
I Sections Ill.D.2.(a) and Ill.D.3 of Option A of Appendix J to Title 10 of the Code of Federal Reoulations (10 CFR) Part 50 require the performance of local leak rate (Type B) and containment isolation valve (Type C) tests (hereafter collectively referred to as local leak rate tests (LLRT)) at intervals no greater than 2 years.
By letter dated October 16, 1997, NNEC0
-requested a one-time scheduler exemption from the requirement. to perform these tests at intervals no greater than 2 years.
The requested exemption would permit NNECO to delay performing the' Type B and Type C tests until startup 9712110038 971202 PDR MDOCK 05000245 Ehclosure 1
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' from the current Cycle 15 refueling outage (RF015).
RF015 is currently scheduled to end in June 1998.
The licensee requested the exempt 12n pursuant to 10-CFR 50.12.
This regulation allows the Comission to grant exemptions from the requirements of 10 CFR Part 50 which are "[a)uthorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security." However, the " Commission will not consider granting an exemption unless special circumstances are pr9sent." Section 50.12(a)(2) lists the criteria for qualifying as a special circumstance. On the basis of the information submitted by the licensee, the NRC staff evaluated the licensee's request against 10 CFR 50.12(a)(2)(ii), which states "[ajpplication i
of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule."
111.
The underlying purpose of the requirement to perform Type B and Type C testing at intervals not to exceed 2 years is to protect the public by assuring that leakage through the primary reactor containment does not exceed allowable values. The licensee's facility is currently in an extended outage.
During this outage, primary containment integrity is not required to be maintained. The primary containment, along with the emergency core cooling system, was designed to limit the offsite doses to values less than ^. hose specified in'10 CFR Part 100 in the event of a breck in the ririmary system
l 3
piping.
Thus, containment integrity it required whenever the ootential for loss of the primary reactor system integrity could result in significant offsite doses. Concern about such a condition exists whenever the reactor is critical and above atmospheric pressure.
In this case, MNPSI has been shut I
down for an extended period of time and primary containment integrity is not i
required.
Primary containment integrity will not be required until HNPSI l
rettarts (currently scheduled for June 1998). As long as MNPSI remains shut down, containment integrity is not required and, therefore, testing for containment integrity is not required to adequately protect the public.
The public will continue to be adequately protected as long as the Type B and Type C testing is satisfactorily completed prior to restarting from RF015.
IV.
On the basis of the abcve discussion, the staff finds that the licensee's request for exemption is autheiized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security as specified in 10 CFR 50.12(a)(1). Additionally, the staff finds that application of the regulations in this particula.-
circumstance would not serve, nor is it necessary to achieve, the underlying purpose of the rule.
Therefore, the licensee's requested scheduler exempt' ion from the 2-year testing requirements of Sections Ill.D 2.(a) and III.D.3 of Option A of Appendix J to 10 CFR Part 50 is granted.
j
T 1
. V.
j Pursuant to 10 CFR 51.32, the Commission has determined that granting i
this exemption will not havt a significant impact on the environment
-(62 FR 63736).
This exemption is effective upon issuance and shall expire when containment ' integrity is required for startup from the current refueling outage.
FOR THE NUCLEAR REGULATORY COMMISSION l
g V
p-M%
Ro
. 21 m n, Acting Director Of ce of ear Reactor Regulation Dated at Rockville, Mar.yland, this 2nd day of December 1997.
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