ML20203B656
| ML20203B656 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 02/19/1998 |
| From: | Powers K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9802240376 | |
| Download: ML20203B656 (6) | |
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ConsumersEnergy A C%fS Energy Ccvnuoy By Rock Pwn! Nuclear Plant Keeneek P. Peeners 10269 l6-31 North Site General Manager Charlevoa. MI 49720 February 19, 1998 Nuclear Regulatory Commission Document Control Desk Washington. DC 20555 - 0001 DOCKET 50 155 LICENSE DPR 6 BIG ROCK POINT PLANT REQUEST FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR 50.54, CONDITIONS OF LICENSE Consumers Energy Company notified the Nuclear Regulatory Commission (NRC) by letters dated June 18. and June 26. 1997, oi its intentions to permanently cease operations of the Big Rock Pcmt Nuclear Plant by August 30. 1997. On August 29. 1997, the plant was shutdown as certified. On September 22, 1997, a letter pursuant to 10 CFR 50.82(a)(1)(ii) was forwarded to the Commission.
c9rtifying that the fuel has been removed from the reactor vessel and placed in the spent fuel pool for storage.
Consumers Energy Company has concluded that Senior Licensed Operators and Licensed Operators are no longer required for a facility that has permanently defueled and is proceeding to decommission. In '.ccordance with 10 CFR 50.82(a)(2). upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.
Therefore. Consumers Energy Company fermally requests an exemption pursuant to b
10 CFR 50.12 from 10 CFR S0.54 (i), (1-1), (j)
(k). (1) and (m).
Kenneth P Powers O\\
Site General Manager CC: Administrator. Region III. USNRC NRC Resident In5pector - Big Rock Point NRR Project Manager - OWFN ll!l.i!1.1!I.ll.Il.l 1.111 ATTACHMENT
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9802240376 980219 PDR ADOCK 05000155 H
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ATTACHMENT CONSUMERS ENERGY COMPANY BIG ROCK POINT PLANT DOCKET 50-155 REQUEST FOR EXEMPTION FROM CERTAIN REQUIREl:ENTS OF 10 CFR 50.54, CONDITIONS OF LICENSE e.
^
Recuest for Exemption From Title 10 of the Code of Federal Regulations (CFR), Part 50.54.{10CFR50.54(i). (i-1). (j). (k). C)and(m)}.
I. Reauest for Exemption Consumers Energy Company has concluded that Senior Licensed Operators and Mensed Operators are no longer required for a facility that has permanently d? fueled and is proceeding to decommission. In accordance with 10 CFR 50.82(a)(2). upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR part 50 license ro longer authorizes operation cf the reactor or emplacement or retention of Mel into the reactor vessel.
Therefore Consumers Energy Company formalb requests an exemption pursuant to 10 CFP 50.12 from 10 CFR 50.54 (i). (i-1). (j). (k)
(1) and (m).
10 CFR 50.54 specifies the conditions the NRC attaches to facility operating licenses whether they are stated within the license or not. These conditions restrict the conduct of certain activities to Senior Licensed Operators and Licensed Operators. These activities are:
- 1) 10 CFR 50.54(i). Except as provided in s 55.13 (General Exemptions) of this chapter, the licensee may not permit the manipulation of the controls of any facility by anyone who is not a licensed operator or senior licensed operator as provided in Part 55 of this chapter. Controls are defined in 10 CFR 55.4 as apparatus and mechanisms, the manipulation of which directly affects the reactivity or power level of the reactor.
- 2) 10 CFR 50 54 (i-1). Within three months after issuance of an operating license, the licensee shall have in effect an operator requalification program which must as a minimum, meet the requirements of 10 CFR 55.59(c) of this chapter. Notwithstanding the provisions of 10 CFR 55.59. the licensee may not. except as specifically authorized by the Commission, decrease the scope of an approved operator requalification program
- 3) 10 CFR 50.54(j). Apparatus and mechanisms other than controls, the 03eration of which may affect the reactivity or power level of a reactor s1all be manipulated only with the knowledge and consent of an operator or senior operator licensed pursuant to Part 55 of this chapter present at the controls.
- 4) 10 CFR 50.54(k). An operator or senior 03erater licensed pursuant to Part 55 of this chapter shall be present at t1e controls at all times during the operation of the facility.
- 5) 10 CFR 50.54(1) The licensee shall designate individuals to be responsible for directing the licensed activities of licensed operators.
These individuals shall be licensed as senior operators pursuant to Part 55 of this chapter.
- 6) 10 CFR 50.54(m)(1). A senior operator licensed pursuant to Part 55 of this chapter shall be present at the fecility or readily available on call at a
all times at all times during its operation, and shall be present at the j
facility during initial start-up and approach to p]wer, recovery from an f
unpianned or unscheduled shut-down or significant reduction in power, and refueling, or as otherwise prescribed in the facility license.
(2) Notwithstanding any other provisions of this section. By January 1.
REQUEST FOR EXEMPTION 1984, licensees of nuclear power units shall meet the following requirements:
(i) Each licensee shall meet the minimum licensed operator staffing requirements in the following table:
MINIMUM REQUIREMENTS' PER SHIFT FOR ON SITE STAFFING OF NUCLEkR POWER UNITS OPERATORS AND SENIOR OPERATORS LICENSED UNDER 10 CFR PART 55 w
1 UNIT 2 UNIT 5 3 UNITS i 0F NUCLEAR POWrR P0s!T10N 2
UNITS OPERATING ONE ONE TWO TWO THREE CONTROL CONTROL CONTROL CONTROL CONTROL Rn0M ROOM ROOMS l ROOMS ROOMS N0hd.
SENIOR OPERATOR.
I 1
1 1
1 0PFDATOR........
1 2
2 3
3 9NE.
SEh.JR OPERATOR.
2 2
2 2
2 OPERATOR.......
2 3
3 4
4 3
TWO.
SENIOR OPERATOR.
2 3
3 3
OPERATOR........
3 4
3 E
5 THREE.
SENIOR OPERATOR.
3 4
OPERATOR.
5 6
1 Temporary deviations from the numbers required by this table shall be in accordance with criteria gstablished in toe unit's technical specifications.
For the purpose of this table, a rioclear power unit is considered to be operating when it is in a mode gtherthancoldshutdownorrefuelingasdefinedbytheunit'stechnicalspecification!.
The nwer of required licensed personnel when the operating ruclear power units are cultrolled form a cormon control room are two senior operators and four operators.
(ii)
Ecch licensee shall have at its site a person holding a senior operator license for all fueled units at the site who is assigned the responsibility for overall plant operation at all times when there is fuel in any unit. If a single senior operator does not hold a senior operator license on all fueled units at the site, taen the licensee must have at the site two or more senior operators, who in combination are licensed as senior operators on all fueled units.
(iii)
When a nuclear power unit is in an operational mode other than cold shutdown or refueling, as defined by the unit's technical specifications. each licensee shall have a person holding a senior operator license for the nuclear power unit in the control room at all times. In addition to this senior operator, for each fueled nuclear power unit, a licensed operator or senior operator shall be present at the controls at all times.
II. Justification for Grantinct the Exemotion The specific requirements for granting exemptions from Part 50 regulations are set forth in 10 CFR 50.12. Specific I.xemptior.s. Under Section 50.12(a)(1). the Commission is authorized to grant an exemption upon a demonstration that the exemption: is authorized by law: will not present an undue risk to the public
s REQUEST FOR EXEMPTION health ar.d safety, and is consistent with the common defense and security.
Under Section 50.12 (a)(2), special circumstances must exist for the NRC to consider the exemption request. Special circumstances include particular circumstances where the application of the regulation would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose-of tha rule and undue hardship or costs that are significantly in excess of those incurred by others similarly situated. The following justification addesses each of these requirements and demonstrates that the Commission should grant the requested exemption.
Consumers Energy Company has concluded that Senior Licensed Operators and Licensed Operators are no longer required for a facility that has permanently defueled and is proceeding to decommission. In accordance with 10 CFR 50 82(a)(2). upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel frcm the reactor vessel the 10 CFR part b0 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel. Further, a Technical Specification Change Request has been submitted estaolishing requireme,,ts for l
Certified Fuel Handlers in lieu of Part 55 Licensed Operators, to control spent fuel handling activities at the facility. Thus, application of the cited regulations is not necessary to achieve the underlying purpose of the rule, which is to 3rovide a trained ano qualified staff as part of the defense in depth for pu)lic safety. Therefore, there is no need to maintain NRC licensed personnel on duty in the control room.
In addition, requiring compliance with the applicable regulations would result in undue costs associated with training and qualification for activities that-will no longer be conducted. The majority of the operator training and-qualification program content deals with actually starting, controlling and shutting down the reactor, as well as dealing with off-normal and emergency situations associated with reactor operation. Requiring this lc
)f training for a plant that has certified that it will no longer o)erate. act effective from a staffing position, and would impose undae costs )eyond those required for facilities in a similar condition.
III. Conclusion Based on the discussion presented above. Consumers Energy Company has concluded that the requested exemption from 10 CFR 50.54 (1). (1-1)
(j). (k).
(1), and (m) is justified, authorized by law will not present undue risk to the public health and safety, and is consistent with the common defense and security. This exemption satisfies the requirements of 10 CFR 50.12(a)(2)(ii)
-in that imposing requirements to maintain Licensed Operators and Senior Licensed Operators in the control room cr when plant operating activities rccuiring their presence are conducted is not necessary to achieve the uncerlying purpose of the rule because the facility has ceased operation. The exemption also satisfies the requirements of 10 CFR 50.12ta)(2)(iii) in that maintaining Licensed Operators and Senior Licensed Operators training programs would result in undue costs associatea with training and qualification for activities that will no longer be conducted.
IV. Environmental Imoact The requested exemption is administrative in nature. As such the exemption will not result in a change in type or quantity of radioactive or non-radioactive effluents, an increase in licensed power level, or a change to the
REQUEST FOR EXEMPTION
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plant configuration. Therefore, the proposed exemption will not have a significant impact on the environ.nent.
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