ML20205N153

Submits Request to Elminate fitness-for-duty Requirement from Plant.Proposed Change Has Been Reviewed by PORC & Nuclear Safety Audit & Review Committee

ML20205N153
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)
References
BYR-98-064, BYR-98-64, NUDOCS 9904160164
Download: ML20205N153 (9)

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Telephone (508) 668-2233 Facsimile (508) 568-3703 YANKEE ATOMIC ELECTRIC COMPANY e-u ?i a....or n> ccm i Lyt 580 Main street. Bolton. Massachusetts 01740-1398 N.Yaux;m& e s .

DON K. DAVIS CHA:RMAN uc hh R 1999 -

CHIEF ExLCUflVE OFFICER IlYR 98-064 P.C. No. 263 United States Nuclear Regulatory Conunission Document Control Desk Washington, DC 20555 Attention: Nlr. N1orton B. Fairtile i Senior Project Nianager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Nianagement Office of Nuclear Reactor Regulation

Reference:

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

(b) Letter, N1. J. N1eisner, Nfaine Yankee Atomic Power Company (N1YAPC) to USNRC,10 CFR 26, Fitness for Duty Programs, N1N-97-125, dated Novemoer 6,1997 (Docket No. 50-309)

(c) Letter, N!. K. Webb, USNRC, to N1. B. Sellman, MYAPC, dated January 12,1998 (d) Letter A. Kadak, Yankee Atomic Energy Company (YAEC), to T. Niurley, USNRC, dated February 27,1992 )

l (e) Letter, J. K. Thayer, YAEC to T. N1urley, USNRC, dated N! arch 27,1992 l (f) Letter, N1. B. Fairtile USNRC, to J. N1. Grant, YAEC, dated August 5, 1992

Subject:

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

Dear N1r. Fairtile:

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

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United States Nuclear Regulatory Conunission N1 arch 24,1999

<\ttention: Nlr. N1orton B. Fairtile Page 2 PROPOSED Cil ANGE YAEC proposes to delete condition 2.C.(10) from the YNPS 1.icense No. DPR-3. ~1 his condition currently reads as follows:

2.C.(10) The licensee shall maintain a Fitness fbr Duty Program in accordance with the requirements of 10 CFR Part 26.

REASON FOR CllANGE The proposed change would delete a license condition uhich no longer applies to a plant such as I YNPS which has permanently ceased operations and permanently removed fuel from the reactor vessel. This deletion is viewed as an appropriate administrative action to update the present YNPS I.ieense.

IIASIS FOR CllANGE The scope of 10 CFR Part 26 is stated in the NRC's regulations, in part, as ibilows:

"The regulations in this part apply to licensees authorized to operate a nuclear power reactor, to possess or use fonnula quantities of SSNN1, or to transport tbrmula quantities of SSNNI.. "

Because YNPS is no longer authorized to operate a nuclear power reactor and is not authorized to possess, use, or transport Ibrmula quantities of strategic special nuclear material (SSNNI), the requirements of 10 CFR 26 no longer apply.

In a letter to the NRC dated Nosember 6,1997 (Reference (b)), N1aine Yankee Atomic Power Company indicated that having certified permanent cessation of power operation and permanent ,

removal of fuel from the Maine Yankee reactor, it was believed that N1aine Yankee was no ,

longer required to comply with 10 CFR Part 26. Further, the subject letter stated that if the NRC l did not agree with this interpretation of the rules, N1aine Yankee was requesting an exemption from the requirements of 10 CFR Part 26. The NRC responded by letter dated January 12, l998 (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 Niaine Yankee 10 CFR Part 50 license no longer authorizes operation of the reactor or emplacement of fuel into the reactor vessel. 't herelbre, the statT concurs with your conclusion that 10 CFR Part 26 no longer applies to N1aine Yankee because 10 CFR Part 26 pertains to licensees authoriad to operate a nuclear reactor, i

e. .

United States Nuclear Regulatory Commission N! arch 24.1999 Attention: Nlr. N!orton 11. Fairtile Page 3 Regarding your request ihr 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)), YAliC notitied the NRC of the permanent cessation of power operation of YNPS. In Reference (e) YAEC proposed modifications to the YNPS operating license to retleet this permanent cessation of power operations and the permanent removal of fuel from the YNPS reactor vessel. These changes were approved and ,

incorporated in the YNPS Pol. which was issued August 5.1992 (Reference (f)). Based on l the definition of the scope of applicability of 10 CFR Part 26 in the rule itself, and the contirmation in the NRC correspondence with hlaine Yankee of the non-applicability of this rule to plants uhich 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 CONSIDERNFIONS 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 eftbrts and to eliminate potential problems which could arise from system interactions, those systems necessary tbr continued operation of the YNPS Spent Fuel Pit (SFP) have been recontigured to provide appropriate isolation from the balance of the plant. A significant result of this recontiguration is that the remaining systems uhich 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 opportunity tbr 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 tbur weeks would have to elapse without re-establishing cooling or adding make-up water belbre the water remaining in the SFP would not be suflicient to provide shielding adequate tbr operator response in the SFP. The accident analyses in the YNPS FSAR include the ibliowing 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 esents, the scenario projected a maximum release of actisity and no prompt mitigation actions. None of the analyzed scenarios resulted in a situation uhich could significantly effect the public health and sati>ty. Any future fuel handling evolutions will require the combined eftbrts of several trained personnel. No one indis idual will have the capability to peribrm an evolution.

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United States Nuclear Regulatory Conunission Ntarch 24,1999 Attention: Nlr. Ntorton 13. Fairtile Page 4 i

intentionally or inadvertently, w hich will compromise the public health and safbtv in a time too l short to avoid detection and corrective action. l l

Upon approval, YAEC intends to continue those elements ofits current titness-thr-duty program uhich it believes have been most etrective during the deconunissioning of YNPS but only as a practical matter and not as a matter of regulatory compliance or commitment. YAEC plans to continue a titness-for-duty program in its entirety. At its ow n discretion YAEC may elect to modify one or all of the elements of the titness-for-duty program in the future.

SIGNIFICANT IIAZARDS CONSIDERATION The proposed change is administrative in nature in that it removes a reference in the YNPS Part 50 I.icense 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 pennit 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 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.

Removal of a regulatory requirement uhich does not apply to a plant u hich 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 or diftbrent 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 diftbrent accident from any previously evaluated.

3. Involve a 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 reviewed by PORC and the Nuclear Safety Audit and Review Committee.

I Umted States Nuclear Regulatory Commission Niarch 24.1999 Attention: Ntr. N!orton IL Fairtile Page 5 SCIIEDUI E OF CilANGE The proposed change will be implemented upon approval by the Commission.

Verv trulv vours.

YANKEE ATON11C ELECTRIC CONIPANY 7w-Don K. Davis, Chairman President and CEO Attachments c: l'SNPf' Region I CON!NION WEALTil OF hlASS ACllUSETTS WORCESTER COUNTY Then personally appeared before me, Don K. Davis, w ho, being duly sworn, did state that he is l

Chairman, President, and Chief Executive Ofticer of Yankee Atomic Electric Company, that he is duly authorized to execute and tile the foregoing document 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.

L qwc i dLo Kathryn Gates Notary Public My Commission Expires January 1,2004

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ATTACilMENT A Revised 1.icense Pane Annotated Version l

4 l . (S) Deleted by Amendment No. 147.

I (6) Deleted by Amendment No. 148.

I (7) Deleted by Amendment No. 148.

1 (8) Deleted by Amendment No. 148.

(9) The movement of special nuclear material used as reactor fuel into the Vapor Container (containment) is prohibited.

I (10) The4teensee-sha1 ! ma i nte4n-a4i4new-for-Outt-4r+9re-i*-aseerdaneo I .ith the require ents ef 10 CFR Par-t4 6-l l

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ATTACIIMENT 11 Revised License Pace I

t ct . ,

I (5) Deleted by Amendment No. 147.

l (6) Deleted by Amendment No. 148.

l (7) Deleted by Amendment No. 148.

1 (8) Deleted by Amendment No. 148.

(9) The movement of special nuclear material used as reactor fuel into the Vapor Container (containment) is prohibited.

I (10) Deleted by Amendment No. j l

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