ML20203C369
| ML20203C369 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/17/1998 |
| From: | Meisner M Maine Yankee |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| MJM-98-07, MJM-98-7, MN-98-11, NUDOCS 9802250163 | |
| Download: ML20203C369 (5) | |
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MaineYankee P.O. BOX 408
- WISCASSET. MAINE o4576 * (207) 882 6321 February 17,1998 hiN 98 11 h1Jhi 98-07 U.S. NUCLEAR REGULATORY COhth11SS10N Attention: Document Control Desk Washington, DC 20555 0001 Refe.unce: (a) License No. DPR 36 (Docket No. 50409)
(b) Letter to USNRC from hiYAPC, Defueled Emergency Plan and 10CFR50.54(q),
Exemption Reauest, dated November 6,1997 (MN 98119)
Subject:
Claim of Backfit " Generic issue 82, Beyond Design Basis Accident: u Spent Fuel Pools" Gentlemen:
In Reference (b) Maine Yankee submitted a request for exemption from certain regulations associated with implementation of Emergency Planning. This request was justified in part due to the significantly reduced accident risk and consequences associated with the configuration of the stored fuel and operations of a permanently shutdown facility.
It has come to our attention that the staffis using acceptance criteria and taking positions more stringent than those previously accepted in the hiaine Yankee license basis. Specifically, criteria from NUREG 1353 " Regulatory Analysis for the Resolution of Generic issue 82,'Beyond Dasign Basis Accidents in Spent Fuel Pools'"(commonly referred to as the 'Zircaloy cladding fire') are being applied. These criteria did not fomi the basis for any portion of the Maine Yankee Emergency Plan as approved by the NRC Likewise, these criteria did not fonn the basis for any of the regulations from which exemption is being proposed. Maine Yankee believes that such application constitutes a backfit in necordance with 10CFR$0.109. In addition to being a backfit, application of the criteria is problematie due to its incomplete nature and questionable benefit. NUREG 1353 concluded "the backfit criteria (10CFR50.109) that (1) a substantial increase in the overall protection of the public health and safety is achieved, and (2) the direct and indirect costs ofimplementation j
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arejustified are not met, and Alternative 1 'No Action' is recommended for the reso'ution of GI-g 82."(emphasis added)
In accordance with 10CFR50.109 and USNRC Manual Chapter P514 "NRC Program for Management of Plant Specific Backfitting of Nuclear Power Plants", Maine Yankee requests that.
this claim of backfit be appropriately reviewed.
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- As we discusced with you on February 11, it is our understanding that upon initiation of a backfit
. review NRC guidance requires that the review be conducted separately from pending licensing
- activity, and that such licensing activity nat be delayed by the backfit review. With respect to the pending review of Emergency Plan exemption requests, and other reviews which the NRC may deem depend upon the Zircalloy fire analysis, we understand that t' ose reviews will be conducted in a timely manner.
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MaineYankee 1).S. NdC1. EAR REGULATORY COMMISSION MN 98-ll Attention: Document Control Desk Page Two Additionally it has come to our attention that some of the staff believe that 10CFR50.109 is not applicable to plants which have submitted certifications in accordance with 10CFR50.82(a). We believe such an interpretation is ineonect. Attachment I to this letter provides our view en this matter.
-If you have any questions, please contact us.
Very imly yours, RO Michae J. Mel e Paesident Nuclear Safety & Regulatory Affairs Department c:
Mr. Sunuel Collins Mr. Ilubert Miller Mr. l.conard J. Callan Mr. Michael Webb Mr. Michael Masnik Mr. Ron Bellamy Mr. R. A. Rasmussen Mr. Clough Toppan Mr. Patrick J.- Dostic Mr. Uldis Vanags Mr. Lawrence J. Chandler n
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A1TACllMENT 1 ISSUE:
In various forums, the NRC Staff has stated that "the scope of the backlit provisions in 10CFR$0.109 is limited to construction and operation of nuclear reactors." The staff has subsequently concluded that the backfit rule does not apply to reactors that have permanently ceased operations and are defueled. Maine Yankee disagrees with this staffinterpretation of 10CFR50109.
REGULATORY HACKGROUND:
10CFR50.109(a)(1) defines backfitting "as the modification of or addition to systems, structures, components, or dcsign of a facility; or the design approval or manufacturing license for a facility; or the procedures or organization required to design, construct or operate a facility; any of which may result from a new or mnended provision in the Commission rules or the imposition of a regulatory l
staff position interpreting the Commission rules that is either new or different from a previously applicable staff position aller..."
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- roposed Rule on Financial Protection Requirements for Pennanently Shutdown Nuclear Power Renetors (62 F.R. 58690; October 30,1997) Backfi' Analysis stated "The NRC has determined that the backlit rule,10CFR$0.109, does not apply to this proposed rule because the backfit rule is limited in scope to construction and operation of nuclear reactors. This rule would only apply to reactors that have pennanently ceased operations. Therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backlits as defined in 10CFR50.109(a)(1)."
10CFR50.2, Definitions, does not define the tenns " operate" or " facility."
10CFR50.2 defines the following:
- Pennanent cessation ofoperation(s) means, for a nuclear power reactor facility, a certification by a licensee to the NRC that it has perraanently ecased or will permanently cease reactor operation (s), or a final lepily effective order to pennanently cease operation (s) has come into effect."
10CFR50.82 final rulemaking (61 FR 39301; July 29,1996) Supplementary Infonnation issue 15 noted that "Several commenters stated that the backfit rule, {50.109, shouhl apply to decommissioning because a proper reading of the intent of that rule should cove Smaking dealing with decommissioning. Otherwise, additional requirements could be imposed without a benefit cost analysis." The NRC response was "The Conunission has concluded that the provisions addressed in this rulemaking do not involve a backlit because they address only reactors that have pennr.nently ceased operations and {50.109 only applies to design, construction and operation of a facility. These regulations are primarily procedural in nature and, to the extent they address nonprocedural matters, they are a codification of existing process."
10CFR50.2 defines the follovcing: " Major decommissioning activity means, for a nuclear power reactor flicility, any activity that results in pennanent removal of major radioactive components, pennanently modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste in accordance with (61.55 of this chapter."
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,10CFI472.62 llackfittmg, defines backfitting in part as the addition, elimination, or modification of structures, systems, or components of an independent spent fuel storage installation.10CFR72.3 further states that an independent spent fuel storage installation is a facility.
1 10CFR50.109 Revision ofItacklitting Process fbr Power Reactors (53 FR 20603; June 6,1988)
Supplemental Information provides no discussion which would indicate the scope of $50.109 is j
latended to be less than a conunon reading suggests (i.e., there is no discussion implicitly or 1
s explicitly excluding the backfit rule from facilities which have ceased reactor operations but are continuing to perfonn fuel storage and deconunissioning operations).
I DISCUSSION:
The scope of 10CFR50.109 Ilackfitting is defined to be:
modification of or addition to i
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systems, structures, components, or design of a facility 2.
the design approval or manufacturing license for a facility 3.
the procedures or organization requiicd to design, construet or operate a facility The language of 10CFR50.109 specifically defines backlitting in tenus associated with a " facility".
It does not use the word " reactor." The scope of 10CFR50.109 is described in tenns of activities at a facility rather than types of facilities, in accordance with 10CFR50.82, when a power reactor licensee dockets the certification ihr permanent cessation of operations, the 10CFR$0 license no longer authori7cs operation of the reactor it does not relieve or restrict the licensee relative to other licensed " operations." For example, the license continues to authorize control, storage and maintemmcc of spent fuel. Although the licensee is not authorized in operate the reactor, the facility is still referred to as a " nuclear power reactor facility"in accordance with 10CFR50.2 definitions.
1 Webster's Dictionary defines " operate": 1) to perfbnu a function, or 2) to cause to function.
10CFR50.2 does not provide any cladfication to a common definition of" operate." With regard to the " procedures or organization required to... operate a facility," the rule does not limit the scope of"cperate" to " operate the reactor." If this were the case, functions such as maintenance, radiation protection, storage of fuel, and radioactive material handling would be excluded from the scope of the backfit rule for all facilitics.
With regard to decommissioning activities, it is reasonable to associate the tenn " operate"in that the licensee is required by 10CFR and other regulations to pufbnu decommissioning activities. The functions (i.e. " operations") associated with a pennanently shutdown and defueled nuclear power reactor facility are no different than those authori/cd during the time the licensee is authorized to operate the reactor, Potential safety impact to the public and the facility employees is not limited to reactor operations, but includes other operations at the facility associated with management of radioactive material. Review of the various background documents associated with 10CFR50.109 rulemaking does not indicate any intent to instantaneously climinate its applicability once a facility has submitted cc:tifications under 10CFR50.82(a). Likewise, since the remaining operations are no different than those perfonned prior to the certifications (with the exception of reactor operation restriction), there is no reason to conclude that the authors of 10CFR50.109 had special concerns with the overah protection of the public heahh and safety or the common defense and security associated with facilities no longer authorized to operate a reactor. Indeed, our discussions with previous oflicials of the NRC who were involved in the update to the llackfit Rule indicate there was no intent to distinguish between operating and decommissioning plants.
'1,0CF/50.82(a)(iii) does refer to " licensees whose licenses have been pennanently modified to allow possession but not operation of the facility..." ; although this appears to be poor wording, the i
i pot 1 ion of the 10CFR50.82 applicable to Maine Yankee does not use that phrase and more accurately refers to " operation of the reactor."
As can be inferred from 10CFR72.62, backfitting as a concept was not intended to be limited to facilities which operate nuclear reactors, but is also an important regulation for facilities whose i
operations are limited to spent fuel storage. The language of 10CFR50.109 clearly supports its applicability to facilities which have docketed 10CFR50.82(a) certifications.
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