ML20205M139

Application for Amend to License DPR-3,deleting Condition 2.C.(10) Re Ffd,From License.Condition No Longer Applies to Plant Since Plant Has Permanently Ceased Operation & Permanently Removed Fuel from Reactor Vessel

ML20205M139
Person / Time
Site:	Yankee Rowe
Issue date:	03/24/1999
From:	Desiree Davis YANKEE ATOMIC ELECTRIC CO.
To:	Fairtile M NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20205M144	List: ML20205M139 ML20205N182
References
BYR-98-064, BYR-98-64, NUDOCS 9904150126
Download: ML20205M139 (5)

Text

.

e Telephom(508) 568-2233 Facsimile (508)668-3703 YANKEEATOMICELECTRIC COMPANY "" ~~~

~.

h YANKEiE 580 Main Street, Bolton, Massachusetts 01740-1398 D N K. DAVIS March 24,1999 ce$$$EE CEr BYR 98-064 P.C. No. 263 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Attention: Mr. Morton B. Fairtile Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation

Reference:

(a) License No. DPR-3 (Docket No. 50-29)

(b) Letter, M. J. Meisner, Maine Yankee Atomic Power Company (MYAPC) to USNRC,10 CFR 26, Fitness for Duty Programs, MN-97-125, dated November 6,1997 (Docket No. 50-309)

(c) Letter, M. K. Webb, USNRC, to M. B. Sellman, MYAPC, dated January 12,1998 (d) Letter, A. Kadak, Yankee Atomic Energy Company (YAEC), to T. Murley, USNRC, dated Febmary 27,1992 (e) Letter, J. K. Thayer, YAEC to T. Murley, USNRC, dated March 27,1992 (f) Letter, M. B. Fairtile, USNRC, to J. M. Grant, YAEC, dated August 5, 1992

/

Subject:

Request to Eliminate Fitness-for-Duty Requirement from Yankee Nuclear Power Station's (YNPS) License ,

Dear Mr. Fairtile:

Pursuant to Section 50.90 of the Commission's Rules and Regulations, Yankee Atomic Electric Company (YAEC) proposes the following modification to the YNPS License (Reference (a)).

y\

9904150126 PDR 990324~ /

W ADOCK 05000029 pg 400M

c+ ,

United States' Nuclear Regulatory Commission . March 24,1999

Attention: Mr. Morton B. Fairtile Page 2 :

' PROPOSED CHANGE YAEC proposes to delete condition 2.C.(10) fro i the YNPS License No. DPR-3. This condition currently reads as follows:

2.C.(10) 'The licensee shall maintain a Fitness for Duty Program in accordance with the .

requirements of10 CFR Part 26.

REASON FOR CHANGE The proposed change would delete a license condition which no longer applies to a plant such as

YNPS which has pernianently ceased operations and permanently removed fuel from the reactor vessel. This deletion is viewed as an appropriate administrative action to update the present

' YNPS License.

BASIS FOR CHANGE The scope of 10 CFR Part 26 is stated in the NRC's regulations, in part, as follows:

"The regulations in this part apply to licensees authorized to operate a nuclear power reactor, to possess or use formula quantities of SSNM, or to transport formula -

quantities of SSNM...".

Because YNPS is no longer authorized to operate a nuclear power reactor and is not authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM), the requirements of 10 CFR 26 no longer apply. 4 In a letter to the NRC dated November 6,1997 (Reference (b)), Maine Yankee Atomic Power Company indicated that having certified permanent cessation of power operation and ocemanent removal of fuel from the Maine Yankee reactor, it was believed that Maine Yankee was no longer required to comply with 10 CFR Part 26. Further, the subject letter stated that if the NRC did not agree with this interpretation of the rules, Maine Yankee was requesting an exemption from the requirements of 10 CFR Part 26. Pe NRC responded by letter dated Je luary 12,1998 (Reference (c)) as follows:

"The staff acknowledges that, due to the certifications that you provided under 10 CFR -

50.82(a)(1) regarding permanent cessation of operations and permanent removal of fuel from the reactor vessel, the Maine Yankee 10 CFR Part 50 license no longer authorizes operation of the reactor or emplacement of fuel into the reactor vessel. Therefore,' the staff concurs' with your conclusion that 10 CFR Part 26 no longer applies to Maine Yankee .

because 10 CFR Part 26 pertains to licensees authorized to operate a nuclear reactor, y

F 1

}

/ .

1 United States Nuclear Regulatory Commission March 24,1999 Attention: Mr. Morton B. Fairtile Page 3 Regarding your request for an exemption from certain requirements of Part 26, you do not need an exemption because, as noted above, Part 26 is no longer applicable to your facility."

By letter dated February 27,1992 (Reference (d)), YAEC notified the NRC of the permanent cessation of power operation of YNPS. In Reference (e) YAEC proposed modifications to the YNPS operating license to refL-ct this permanent cessation of power operations and the permanent removal of fuel from the YNPS reactor vessel. Thi se changes were approved and incorporated in the YNPS POL which was issued August 5,1992 (Reference (f)). Based on the definition of the scope of applicability of 10 CFR Part 26 in the rule itself, and the confirmation in the NRC correspondence with Maine Yankee of the non-applicability of this rule to plants which have permanently ceased operation and permanently removed fuel from the reactor vessel, YNPS should have no ongoing regulatory requirement to continue its Fitness for Duty Program.

SAFETY CONSIDERATIONS The proposed change is administrative in nature in that it removes a requirement that does not apply to a plant which has permanently ceased power operations and permanently removed fuel from its reactor vessel.

Since the permanent cessation of electric power generation at YNPS on February 26,1992, the majority of systems and components not required to support fuel storage have been dismantled and disposed of off-site. The entire decommissioning task is estimated to be more than 80%

complete. To support the decommissioning efforts and to eliminate potential problems which could arise from system interactions, those systems necessary for continued operation of the YNPS Spent Fuel Pit (SFP) have been reconfigured to provide approprice isolation from the balance of the plant. A significant result of this reconfiguration is that the remaining systems which require monitoring by Operations have been markedly reduced in number and complexity.

Concerning the operation of the YNPS SFP, there is very little or no epportunity for personnel to have a detrimental effect on the reactivity, heat content, or structural integrity of the fuel. The YNPS FSAR notes that with the level of decay heat in the SFP as of January 1994, more than four weeks would have to elapse without re-establishing cooling or adding make-up water before the water remaining in the SFP would not be sufficient to provide shielding adequate for operator response in the SFP. The accident analyses in the YNPS FSAR include the following spent fuel storage events: a fuel handling event, loss of spent fuel cooling capability, and interactions between spent fuel storage and decommissioning activities. For each of the postulated events, the scuario projected a maximum release of activity and no prompt mitigation actions. None of the analyzed scenarios resulted in a situation which could significantly effect the public health and safety. Any future fuel handling evolutions will require the combined efforts of several trained personnel. No one individual will have the capability to perform an evolution,

ynited States Nuclear Regulatory Commission March 24,1999 Attention: Mr. Morton B. Fairtile Page 4 intentionally or inadvertently, which will compromise the public health and safety in a time too short to avoid detection and corrective action.

l l Upon approval, YAEC intends to continue those elements ofits current fitness-for-( tty program which it believes have been most effective during the decommissioning of YNPS but anly as a practical matter and not as a matter of regulatory compliance or commitment. YAEC plans to continue a fitness-for-duty program in its entirety. At its own discretion, YAEC may elect to -

modify one or all of the elements of the fitnen 'or-duty program in the future.

l i

SIGNIFICANT HAZARDS CONSIDERATION The proposed change is administrative in nature in that it removes a reference in the YNPS Part j 50 License to a regulatory requirement no longer applicable to a plant which has permanently ceased power operations and permanently removed fuel from its reactor vessel. This will permit more cost beneficial use of available resources with no diminution in the YNPS staffs ability to maintain the safe operation of the YNPS SFP. The change will not:

1. Involve a significant increase in the probability or consequences of an accident previously evaluated. Each potential accident evaluated in the YNPS FSAR projects a maximum r-lease of activity and no prompt mitigation actions. None of the analyzed scenarios resulted in a situation which could significantly effect the public health and safety.

Removal of a regulatory requirement which does not apply to a plant which has permanently ceased power operations and permanently removed fuel from its reactor vessel cannot be deemed to involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Create the possibility of a new er different accident from any previously evaluated. The proposed change will not modify any plant systems or components and therefore will not create the possibility of a new or different accident from any previously evaluated.

3. Involve n significant reduction in the margin of safety. Removal of a regulatory requirement which does not apply to a plant which has permanently ceased power operations and which has permanently remove fuel from its reactor vessel cannot be deemed to involve a significant reduction in the margin of safety.

Based on the considerations contained herein, it is concluded that there is reasonable assurance that the proposed change will not endanger the health and safety of the public.

This proposed change has been revkwed by PORC and the Nuclear Safety Audit and Review Committee.

. ;. c'

• e U.nited States Nuclear Regulatory Commissinn .- March 24,1999 .

Attedtion: Mr. Morton B. Fairtile Page5 SCHEDULE OF CH4NGE The proposed change'will be implemented upon approval by the Commission.

Very truly yours, .

YANKEE ATOMIC ELECTRIC COMPANY h

Don K. Davis, Chairman President and CEO Attachments c: USNRC, Region I COMMONWEALTH OF MASSACHUSETTS WORCESTER COUNTY Ther personally appeared before me, Don K. Davis, who, being duly sworn, did rtate that lie is Chairman, President, and Chief Executive Officer of Yankee Atomic Electric Company, that he .

is duly authorized to execute and file the foregoing doctunent in the name and on the behalf of '

Yankee Atomic Electric Company and that the statements therein are true to the best of his knowledge and belief.

n--

Kathhn Gatef Notary Public My Commission Expires January 1,2004 P '