ML20206H472

Grants Temporary Waiver of Compliance from Tech Spec Surveillance Tests 4.7.A.2.a.(10) & 4.7.A.2.f,per 881109 Request Re Integrated Leak Rate Tests

ML20206H472
Person / Time
Site:	FitzPatrick
Issue date:	11/18/1988
From:	Boger B Office of Nuclear Reactor Regulation
To:	Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
IEIN-85-071, IEIN-85-71, NUDOCS 8811230192
Download: ML20206H472 (6)

Text

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Nov rbsr 18, 1988 Docket No. 50-333 DISTRIRUTION Docket files DLaRarge NRCPDR JJohnson, RI Local PDR EJordan Mr. John C. Prons PDI-1 Rdg. BGrimes Executive Vice President, Nuclear SVarga OGC Generation BBoger ACRS (10)

Power Authority of the State CVocan RCapra of New York I?3 Fain Street White Plains, New York 10601

SUBJECT:

TEMPORARY WAIVER OF COMPLIANCE WITH TECHNICAL SPECIFICATION SURVEILLANCE TESTS 4.7.A.2.a(10) and 4.7.A.2.f.

In response to the Power Authority of the State of New York's (PASNY) letter dated November 9,1988, the Comission herewith grants this tecporary wavier of compliance from the Technical Specification (TS) Surveillance Tests described in Section 4.7.A.2.a(10) on page 170 and in Section 4.7.A.P.f. on page 174 of the Technical Specifications to Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The basis for this temporary waiver of compliance is discussed below. This temporary waiver of compliance shall remain in effect until the NRC staff completes the processing of your emergency amendment request dated November 9,1988.

TS Section 4.7.A.2.a(10) requires that if two consecutive periodic Type A Primary Containment Integrated Leakage Rate Tests (ILRTs) fail to meet the acceptance criteria, a Type A test must be perfomed at each plant shutdown for refueling or approximately every 18 months, whichever occurs first, until two consecutive Type A tests meet the acceptance criteria. The same requirement is contained in Section !!I.A 6(b) of Appendix J to 10 CFR Part 50. When it was detemined that the cause of the failure of the tests conducted in 1982, 1985 and 1987 to reet the acceptance criteria was leaky containrent isolation valves, . :NY implemented a Corrective Action Plan (CAP) using guidance given in Information Notice 05-71 dated August 22, 1985. The result was that thirty three containrent isolation valves which pr viously were identified a', having excessive leakage would be replaced, twenty-one during the current '.988 refueling outage and twelve during the 1990 refueling outage.

As part of the CAP, PASNY replaced the Hiah Pressure Coo % t Infection System turbine exhaust line marual block valve to the suppression chamber, ??-HPI-11.

TS Section 4.7.A.P.f requires that following replacement of a component which is part of the primary containment boundary, either a Type A, Type B, or Type C leak rate test, as applicable for the area affected, must be conducted and the appropriate acceptance criteria net. The same requirement is contained in wwww, P

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Mr. John C. Brons -2 November 18, 1988 Section IV.A of Appendix J to 10 CFR Part 50. Since an irolatible volume for the resulting wolds on the primary containment side of the valve could not be attained, PASNY conducted 100% radiocraphy and dye penetrant test on the welds to verify the structural integrity of the welds, in lieu of a Type A, B, or C test.

In your letter of April 8,1988, and supplements dated June 17, 1988, July 14, 1988, and October ?8,1988, you applied for a one-time exemption from the 10 CFR Part 50 Appendix J requirements cited above for perfoming the Type A Primary Containment ILRT and for performing a Type A B or C test following replacement of 23.HPI-11 during the 1988 refueling outage, citing the CAP and the alternate test noted above as the bases for the exemptions. The technical merits of your exemption request have been reviewed and approved by the staff.

Exemptions from these requirements of the regulations were issued to you by letter dated November 16, 1988.

As stated in your November 9, 1988 letter, at the time you applied for the exemptions from 10 CFR Part 50, Appendix J, you did not realize that a license amendment would also be required to be submitted in order to relieve you of your obligation under the Technical Specifications to perfom these same tests. PASNY first recognized the need for this license amendment on November 4,1988. Since PASNY plans to end the current refueling outage on November 19, 1988, there is insufficient time to allow a 30 day public notice of the proposed amendment prior to plant restart. The staff is satisfied that the licensee has made a good faith effort to submit the license amendment in a timely manner once it recognized the requirement to do so. Failure on the part of the Comission to act on the amendment request would result in the prevention of plant restart on November 19, 1988 Based upon: (1) the good faith effort shown by the licensee once the problem was identified, (2) the fact that the proposed Technical Specifications changes are virtually identical to the exemptions to 10 CFR Part 50 Appendix J granted by the NRC in its letter dated November 16, 1988, and (3) the fact that allowing plant restart is consistent with the public health and safety, the staff finds that the facility can safely operate without compliance with Technical Specifications 4.7.A.2(10) and 4.7. A.?.f during the time period it will take to process the amendment request.

Sincerely, original signed by Bruce A. Boger, Assistant Director (nr Region 1 Reactors Division of Reactor Pro,fects. I/I!

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0FFICIAL RECORD COPY

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Mr. John C. Brons James A. FitzPatrick Nuclear Power Authority of the State of New York Power Plant cc:

Mr. Gerald C. Goldstein Ms. Donna Ross Assistant General Counsel New York State Energy Office Power Authority of the State 2 Empire State Plaza ,

of New York 16th Floor 10 Columbus Circle Albany, New York I?223 New York, New York 10019 Pesident Inspector's Office U. S. Nuclear Regulatory Commission Regional Administrator, Region !

Post Office Box 136 U.S. Nuclear Regulatory Commission Lycoming, New York 13093 475 Allendale Road King of Prussia, Pennsylvania 19406  ;

Mr. Radford J. Converse Mr. A. Klausman Resident Manager Senior Vice President - Appraisal James A. FitzPatrick Nuclear and Compliance Services  :

Power Plant Power Authority of the State Post Office Box 41 of New York lycoming, New York 13093 10 Columbus Circle '

New York, New York 10019 1

Mr. J. A. Gray, Jr. Mr. George Wilverding, Manager Director Nuclear Licensing - BWR Nuclear Safety Evaluation l Power Authority of the State Power Authority of the State  :'

of New' fork of New York 123 Main Street 123 Main Street White Plains, New York 10601 White Plains, New York 10601 Mr. Robert P. Jones, Supervisor Mr. R. E. Beedle Town of Scriba Vice President Nuclear Support R. D. d4 Power Authority of the State Oswego, New York 13126 of New York 123 Main Street [

Mr. J. P. Bayne, President White Plains, New York 10601 Power Authority of the State -

of New York Mr. S. S. Zulla l 10 Columbus Circle Vice President Nuclear Engineering New York, New York 10019 Power Authority of the State ,

of New York '

Mr. Richard Patch 123 Main Street Ouality Assurance Superintendent White Plains, New York 10601 James A. FitzPatrick Nuclear r Power Plant Me. R. Burns Post Office Box 41 Vice President Nuclear Operations Lycoming New York 13093 Power Authority of the State of New York  ;

- Charlie Donaldson, Esquire 123 Main Street Assistant Attorney General White Plains, New York 10601 New York Departrent of Law  :

r 120 Broadway New York, New York 10271 i l

3

. Novenbar 18, 1988 Docket No. 50-333 DISTRIBUTION Focket Files ClaBarge NRCPOR JJohnson, PI Local POR EJordan Mr. John C. Brons PDI-1 Rdg. BGrimes Executive Vice President Nuclear SVarga OGC Generation BBoger ACRS (10)

Power Authority of the State CVocan RCapra of New York 123 Main Street White Plains, New York 10601

SUBJECT:

TEMPORARY WAIVER OF COMPLIANCE WITH TECHNICAL SPECIFICATION SURVE!LLANCE TESTS 4.7.A.2.a(10) and 4.7.A.2.f.

In response to the Power Authority of the State of New York's (PASNY) lettra dated November 9,1988, the Comission herewith grants this terporary wavit of compliance from the Technical Specification (TS1 Surveillance Tests described in Section 4.7.A.P.a(10) on page 170 and in Section 4.7.A.?.f. on page 174 cf the Technical SpJcifications to Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The basis for this temporary waiver of compliance is discussed below. This temporary waiver of compliance shall remain in effect until the NRC staff completes the processing of your emergency amendment request dated November 9,1988.

TS Section 4.7 A.2.a(10) requires that if two consecutive periodic Type A Primny Containment Integrated Leakage Rate Tests (ILRTs) fail to meet the act.eptance criteria, a Type A test must be performed at each plant shutdown for refueling or approximately every 18 months, whichever occurs first, until two consecutive Type A tests meet the acceptance criteria. The same reouirement is contained in Section !!!.A.6(b) of Appendix J to 10 CFR Part 50. When it was detemined that the cause of the failure of the tests conducted in 1982, 1985 and 1987 *n reet the acceptance criteria was leaky containment isolation valves PASNY implemented a Corrective Action Plan (CAP) usino guidance given in Infomation Notice 85-71 dated August 22, 1985. The result was that thirty three containment isolation valves which previously were identified as havino excessive leakage would be replaced, twenty-one during the current 1988 refueling outage and twelve during the 1990 refueling outape.

As part of the CAP, PASNY replaced the Hioh Pressure Coolant Infection System turbine exhaust line manual block valve to the suppression chamber, ??-HPI-11.

TS Section 4.7.A.2.f requires that following replacement of a component which is part of the primary containment boundary, either a Type A, Type B, or Type C leak rate test, as applicable for the area affected, must be conducted and the appropriate acceptance criteria met. The same requirement is contained in

) .

Mr. John C. Brons 2- November 18, 1988 Section IV.A of Appendix 0 to 10 CFR Part 50. Since an isolatible volume for the resulting welds on the primary containment side of the valve could not be attained, PASNY conducted 100% radioaraphy and dye penetrant test on the welds to verify the structural integrity of the welds, in lieu of a Type A. E, or C test.

In your letter of April 8,1988, and supplements dated June 17, 1988, July 14, 1988, and October 78, 1988, you applied for a one-time exception from the 10 CFR Part 50 Appendix J requirements cited above for perfoming the Type A Primary Containment ILRT and for performing a Type A, B or C test following replacement of 23.HPI.11 during the 1988 refueling outage, citing the CAP and the alternate test noted above as the bases for the exemptions. The technical merits of your exemption request have been reviewed and approved by the staff.

Exemptions from these requirements of the regulations were issued to you by letter dated November 16, 1988.

As stated in your November 9, 1988 letter, at the time you applied for the exemptions from 10 CFR Part 50, Appendix J, you did not realize that a license amendment would also be required to be submitted in order to relieve you of your obligation under the Technical Specifications to perfom these same tests. PASNY first recognized the need for this license amendrent on November 4, 1988. Since PASNY plans to end the current refueling outage on November 19, 1988, there is insufficient time to allow a 30 day public notice of the proposed amendment prior to plant restart. The staff is satisfied that the licensee has made a good faith effort to submit the license amendment in a timely manner once it recognized the requirement to do so. Failure on the part of the Comission to act on the amendment request would result in the prevention of plant restart on November 19, 1988.

Based upon: (1) the good faith effort shown by the licensee once the problem was identified. (2) the fact that le proposed Technical Specifications changes are virtually identical to the exemptions to 10 CFR Part 50 Appendix J granted by the NRC in its letter dated November 16, 1$38, and (3) the fact that allowing plant restart is consistent with the public health and safety, the staff findt that the facility can safely operate without compliance with Technical Specificatio's 4.7. A.2(10) and 4.7. A.P.f during the time period it will take to process the amendment request.

Sincerely, original signed by Bruce A. Boger, Assistant Director for Region I Reactors Division of Reactor Projects, I/l!

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DATE :X/ /88 11/\f/88 :11/10/88 :ll/l /88  :  :  :

OFFICIAL RECORD COPY m

Mr. John C. Brons James A. FitzPatrick Nuclear Power Authority of the State of New York Power Plant cc: 1 Mr. Gerald C. Goldstein Ms. Donna Ross

, Assistant General Counsel New York State Energy Office Power Authority of the State 2 Empire State Plaza of New York 16th Floor 10 Columbus Circle Albany, New York I?223 i New York, New York 10019 Resident inspector's Office U. S. Nuclear Regulatory Connission Regional Administrator, Region !

Post Office Box 136 U.S. Nuclear Regulatory Connission Lycoming, New York 13093 475 Allendale Road King of Prussia Pennsylvania 19406 Mr. Radford J. Converse Mr. A. Klausman i Senior Vice President - Appraisal Resident Manager i James A. FitzPatrick Nuclear and Compliance Services Power Plant Power Autiority of the State  :

Post Office Box 41 of New York l Lycoming, New York 13093 10 Columbus Circle New York, New York 10019 r Mr. J. A. Gray, Jr. Mr. George Wilverding, Manager Director Nuclear Licensing - BWR Nuclear Safety Evaluation Power Authority of tne State Power Authority of the State ,

of New York of New York l 123 Main Street 123 Main Street ,

White Plains, New York 10601 White Plains, New York 10601 Mr. Robert P. Jones, Supervisor Mr. R. E. Beedle  !

Town of Scriba Vice President Nuclear Support  :

R. D. #4 Power Authority of the State I Oswego, New York 13126 of New York i

123 Main Street .

Mr. J. P. Bayne, President White Plains, New York 10601 Power Authority of the State [

of New York Mr. S. S. Zulla i 10 Colustus Circle Vice President Nuclear Engineering !

New York, New York 10019 Power Authority of the State j of New York +

Mr. Richard Patch 123 Main Street r Qualfty Assurance Superintendent White Plains, New York 10601 I James A. Fit:P.strick Muclear [

Power Plant Mr. R. Burns

Post Office Scx 41 Vice President Nuclear Operations  !

Lycoming, New York 13093 Power Authority of the State l of New York Charlie Donaldson, Esquire 123 Main Street t Assistant Attorney General White Plains, New York 10601 (

New York Department of Law 120 Broadway r New York, New York 10271