ML20210J631

Requests Exemption from Certain Requirements of 10CFR50.54 Re Licensed Operators.Util Has Determined That Plant Operating Activities Which Require Licensed & Senior Licensed Operators Will No Longer Be Conducted

ML20210J631
Person / Time
Site:	Maine Yankee
Issue date:	08/15/1997
From:	Meisner M Maine Yankee
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
MJM-97-12, MN-97-97, NUDOCS 9708180192
Download: ML20210J631 (4)

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MaineVankee RELIABLE ELECTRICITY SINCE 1972 329 BATH ROAD e BRUNSWICK, MAINE 04011 * (207) 798-4100 August 15. 1997 MN-97-97 MJM-97-12 l

-UNITED STATES NUCLEAR REGULATORY COMMISSION Attention: Document Control Desk Washington. DC 20555. a

References:

-(a) License No:tDPR-36 (Docket.No.60-309)

=(b) Letter: M. B. Sellman to USNRC: Certifications of Permanent Cessation l

i of Power Operation and.Pennanent Removal of' Fuel From the Reactor: MN-97-89,-dated August =7. 1997 (c) Letter: M. J. Meisner to USNRC: . Certified Fuel Handler Training and l Retraining Program; MN-97-95. dated August 15, 1997 l

(d) Letter: M. J. Meisner to USNRC: Proposed Technical Specification Change No. 206-- Facility Staffing and Training: MN-97-96.-dated August 15, 1997.

Subject:

Request for Exemption from Certain Requirements of 10CFR50.54. Conditions of License Gentlemen:

.In Reference (b). Maine Yankee informed the USNRC that the Board of Directors of Maine Yankee had decided to permanently cease operations at the Maine Yankee Plant and that fuel had been permanently removed from the reactor. In accordance with 10CFR50.82(a)(2),

the certifications -in the ' letter modjfied the. Maine Yankee '.1censet to permanently withdraw Maine Yankee's ,authoritym to operate. As ,a- result. Maine Yankee is' only-authorized to possess special- nuclear _ material. ,

Maine Yankee has determined that plant operating activities which require Licensed and Senior Licensed Operators will no longer be conducted. Therefore, a request .for exemption from certain requirements of.10CFR50.54 regarding Licensed Operators has been prepared and is enclosed as Attachment I to this letter.

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MaineYankee UNITED STATES NUCLEAR REGULATORY COMMISSION MN-97-97 Attention: Document Control Desk Page Two This exemption request is being submitted concurrent with Reference (c), a request for NRC approval of a Certified Fuel Handlers Training and Retraining Program and Reference (d). Proposed Change No. 206 to the Maine Yankee Technical Specifications.

Ve tr 1 ours.

haellJ. Meisner. Vice Pre dent lucla Safety & Regulatory Affairs Attachment c: Mr. H. J. Miller Mr. D. H. Dorman Mr. J. T. Yerokun Mr. Clough Toppan Mr. Patrick J. Dostie

Mr. Uldis Vanags 1

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ATTACHMENT I RE00EST FOR EXEMPTION FROM TITLE 10 0F THE CODE OF FEDERAL REGULATIONS PART 50.54 (10CFR50.54 (1). (i). (k). (1) and (m))

I, REQUEST FOR EXEMPTION:

Maine Yankee Atomic Power Co. hereby requests exemption from 10CFR50.54 (1), (j). (k),

(1) and.(m). Maine Yankee has decided -to permanently cease operation of the Maine Yankee Plant. Certification of Permanent Cessation of Operation and Removal of Fuel from the Reactor Vessel has been docketed in accordance with 10CFR50.82. (Reference (b)).

Plant operating activities which require Licensed Operators and Senior Licensed Operators are no longer conducted. This request for exemption is being submitted concurrent with Reference (c). a request for NRC approval of a Certified Fuel Handlers Training and Retraining Program and Reference (d) a proposed Technical Specification change (PC-206) to remove the requirement for Licensed and Senior Licensed Operators in lieu of individuals qualified as certified fuel handlers.

10CFR50.54 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 Licensed Operators or Senior Licensed Operators. These activities are described below:

10CFR50.54(1) prohibits manipulation of the controls of a nuclear power plant by anyone who is not a Licensed Operator. Controls are defined in 10CFR 55.4 as apparatus and mechanisms the manipulation of which directly affects the reactivity or power level'of

_the reactor.

10CFR50.54(j) requires that manipulation of apparatus or mechanisms, other than controls, which may affect reactivity or power level be done with the knowledge and consent of a Licensed or Senior Licensed Operator who is present at the controls.

10CFR50.54(k) requires a Licensed Operator or Senior Licensed Operator to be present at the controls at all times during operation of the facility.

10CFR50.54(1) requires licensees to designate individuals to be responsible for directing the licensed activities of licensed operators and that these individuals shall be-Senior Licensed Operators 10CFR50.54 (m)(1) requires a Senior Licensed Operator- to be present at the facility or readily available on call at all times during its operation. It also requires a Senior Licensed Operator to be present during certain evolutions or as otherwise prescribed in the facility-license.

T_he requirements of 10CFR50.54(m)(2) specify the minimum Licensed Operating _ staff _ing levels for nuclear power plant licenses. These requirements specify at least one Licensed Operator and one Senior Licensed Operator, per shift, for a plant site with no operating units.

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11. JUSTIFICATION FOR GRANTING THE EXEMPTION REOUEST The specific requirements for granting exemptions from Part 50 regulations are set forth in 10CFR50.12. Under Section 50.12 (a)(1), the Comitsion is authorized to grant an exemption upon a demonstration that the exemption: (A) is authorized by law; (B) will not present an undue risk to the public health and safety, and (C) 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:

(M particular circumstances where the application of the regulation would not serve tne under'ying purpose of the rule or is not necessary to achieve the underlying purpose of the rule and (B) undue hardship or costs that are significantly in excess of those incurred by others similarly situated. The folloe ng justification addresses each of these requitements and demonstrates that the Comission should grant the requested exemption.

Since Maine Yankee Atomic Power Co. has ceased power operation and is permanently defueled, plant operating activities which require Licensed or Senior Licensed Operators will no longer be conducted. Furthermore, since Maine Yankee has su%1tted Certifications of 'ermanent Cessation of Power Operations And Permanent Removal of Fuel F9m the Reactor (Reference b) pursuant to 10CFR50.82(a)(1)(1) and (ii) and

%50.4(b)(8) and (9), the 10 CFR part 50 license no longer authorizes opera" n of reactor or plerement- or retention of fuel into_ the reactor vessel, ' ant to h R50.82(a)(2). Therefore, there is no need to maintain NRC licensed personnel on duty in the Control Room.

111. Conclusion Maine Yankee has concluded that the requested exemption from 10CFR50.54 (1), (j), it),

(1)and(m)is-justified. It-is authorized by-law, will not present undue risk to the public health and safety, and is consistent with the common defense and security. Such an exemption meets the requirements of 10CFR50.12(a)(2;(11) in that maintaining Licensed Operators and Senior Licensed Operators in the Control Room, when plant operating activities requiring their presence will no longer be conducted, does not serve the underlying purpose of the rule. Such an exemption also meets the requirements of 10CFR50.12(a)(2)(111) in that the maintenance of Senior Licensed Operators and Licensed Operators in the Control Room would result in undue costs (associated with training and maintaining qualification)since activities requiring their presence are no longer conducted.

-lV. Environmental imoact:

The proposed exeniption 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 plant configuration. Therefore, ,

the proposed exemption will not have a signific3nt impact on the environment, j 1

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