ML20212H881
| ML20212H881 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 01/21/1987 |
| From: | Gallagher J PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | |
| Shared Package | |
| ML20212H850 | List: |
| References | |
| NUDOCS 8701280046 | |
| Download: ML20212H881 (14) | |
Text
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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of i
Docket Nos. 50-277 PHILADELPHIA ELECTRIC COMPANY 50-278 APPLICATION FOR AMENDMENT OF FACILITY OPERATING LICENSES DPR-44 DPR-56 AND 5
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EXEMPTION FROM SECTION 50.36 OF THE COMMISSION'S REGULATIONS 4
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1 Edward G. Bauer, Jr.
Eugene J. Bradley 2301 Market Street Philadelphia, Pennsylvania 19101 Attorneys for Philadelphia Electric Company i
l 8701280046 870121 DR ADOCK 05000277 PDR
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BEFORE THE
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s UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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Docket Nos. 50-277 PHILADELPHIA ELECTRIC COMPANY 50-278 APPLICATION FOR AMENDMENT i
OF FACILITY. OPERATING LICENSES DPR-44 DPR-56 AND i
EXEMPTION FROM SECTION 50.36 OF THE COMMISSION'S REGULATIONS Philadelphia Electric Company (PECo), Licensee under Facility Operating License DPR 44 for Peach Bottom Unit 2 and DPR 56 for Peach Bottom Unit 3, hereby requests that the Technical Specifications contained in Appendix A of the Operating Licenses be amended by revising certain sections as indicate'd by a vertical bar in the margin of attached pages 257 and 259.
The proposed changes would (1) provide an extension of 30 days to the current 60 day requirement for filing the Semiannual Effluent Release Report and (2) eliminate a reporting requirement of Loss :
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of Shutdown Margin that is redundant to the Licensee Event Report (LER) reporting' requirements.
Additionally, Philadelphia Electric Company requests, pursuant to 10 CFR Section 50.12, an exemption from the requirements of 10 CFR Section 50.36a(a)(2) to provide an extension of 30 days to the current 60 day requirement for filing the Semiannual Effluent Release Report.
A discussion of the requested changes follows:
I.
Semiannual Effluent Release Report 60 day Reporting Requirement Current Technical Specification 6.9.2.h.(2) on page 259 requires that the Semiannual Radioactive Effluent Release Report covering the previous 6 months of operation shall be submitted within 60 days after January 1 and July 1 of each year.
The data from which this report is developed is dependent on the analyses of various isotopes.
These analyses are performed for Licensee by a third party.
The length of time which it takes to receive the results of the analyses for certain isotopes does not provide sufficient time for Licensee to prepare and adequately review the report within the 60 day period.
Initially, a time period of approximately one week is required for the collection, packaging, and shipment of the sample to the laboratory.
The laboratory that performs the analyses reports that the time period from receipt of the i.
effluent sample to the issue of final data to PECo is approximately 45 days.
This turn-around time is typical of an analysis of this type performed during a time of heavier than normal workload for the labcratory due to receipt of similar samples fron many other utilities to meet the same semiannual reporting deadlines.
The results of the isotopic analyses have normally been received by Licensee only several days before the required submittal date.
This provides insufficient time to prepare and adequately review the report prior to submittal.
Consequently, it has become a common practice to file follow-up reports with the Commission to correct errors discovered in or to supplement the original submittal.
Additionally, the analysis includes a two week time period i
for strontium 90.
There has been an occasion when an error has been identified in the analysis of the sample.
In this case the analysis must be repeated and an additional two week time period is required.
Any unforeseen delay such as I
this in addition to the normal 45 day processing period usually results in the submittal of a partial report within the 60 day reporting period, with a follow-up report at a later date.
Licensee requests that the time period in Technical Specification 6.9.2.h(2) on page 259 be changed from 60 days to 90 days.
The additional 30 days to submit the Semiannual Effluent Release Report will ensure that an adequate period of time is available to send the samples to a vendor for -
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analysis, receive and review the data, prepare a complete report.
Additionally, this will provide a reasonable amount of time for review by Licensee's technical staffs and management, and to identify and correct errors.
A.
Safety Discussion The extension to the reporting requirement of the Semiannual Effluent Release Report by an additional 30 days will not increase the probability of an accident.
The increase in the period of time between the routine collection of samples from the plant and the submittal of the report which contains the data obtained from these samples is not connected to the operation of the power plant in such a way which could have an effect on the probability of the occurrence of an accident.
Significant increases in radiological effluent releases that may be indicative of an inherent defect in plant design or operation and which may require a timely corrective action, are reported promptly under the provisions of 10 CFR Section 50.72 and 10 CPR Section 50.73.
Since this amendment requests only a change to a reporting requirement which supplies data on radioactivity releases in an effluent, it cannot create the possibility of an accident or malfunction of a different type than any evaluated previously in the FSAR.
- B.
Significant Hazards Consideration Determination The Commission has provided guidance concerning the application of the standards for determining whether a significant hazards consideration exists by providing certain examples (Vol. 51 No. 44 Federal Register 7751) of amendments that are considered not likely to involve a significant hazards consideration.
Example (i) relates to a purely administrative change to the Technical Specifications: for example, a change to achieve consistency throughout the Technical Specifications, correction of an error, or a change in nomenclature.
i The request to change the reporting requirement of the Semiannual Effluent Release Report is similar to exaraple (i) in that extension of the reporting requirement to 90 days from 60 days is an administrative reporting change which does not have any impact on reactor operation, accident analysis, or radiological consequences.
Therefore, the
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change does not involve a significant hazards consideration because the operation of Peach Bottom Units 2 and 3 in 4
accordance with this change would not:
(1) involve a significant increase in the probability or
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consequences of an accident previously evaluated because the collection and analysis of routine plant data, and the preparation time to transmit the information to the NRC is independent of plant design.:. -,
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and operational characteristics that can impact potential accidents; (2) create the possibility of a new or different kind of accident from any previously analyzed because the routine collection and transmittal of data does not establish a potential new accident precursor; (3) involve a significant reduction in the margin of safety because the additional 30 days to submit this routine plant data does not impact the health and safety of the public since significant increases in radiological effluent releases that may be indicative of an inherent defect in plant design or operation, are reported promptly under the provisions of 10 CFR Section 50.72 and 10 CFR Section 50.73 and are therefore not impacted by this amendment request.
C.
Justification for the Requested Exemption NRC regulations (10 CFR Section 50.12) provide for specific exemptions if the requested exemption is warranted as follows: (1) the exemption and the activities to be conducted are authorized by law, (2) operation with the exemption does not endanger life or property or involve undue risk to the health and safety of the public, (3) the common defense and security are not endangered, and (4) one or more special circumstances are present as defined in 10 CFR Section 50.12(a)(2)...
Section 50.36a(a)(2) of the Commission's Regulations require submission of the Semiannual Effluent Release Report within 60 days after January 1 and July 1 of each year.
An exemption is requested to this requirement in the Commission's Regulations to permit a 30 day extension of the current 60 day requirement for filing the report.
The change meets the conditions of 10 CFR Section 50.12 under which an exemption is warranted as described below:
(1)
The Requested Exemption is Authorized by Law The criteria established in 10 CFR Section 50.12 are satisfied in this case; and the Commission, therefore, has the authority under the Atomic Energy Act and its regulations to grant the requested exemption.
The activities to be authorized by the requested exemption do not violate any other applicable laws or regulations.
Thus, the Commission is authorized by law to grant this exemption request.
(2)
The Recuested Exemption will not Present an Undue Rick to Public Health and Safety The effect of increasing the allowable reporting period for the Semiannual Effluent Release Report does not create an undue risk to public health and safety because the collection and analysis of this routine plant data, and the preparation time to transmit the information to the NRC is independent of plant design
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and operational characteristics that could impact potential accidents.
(3)
The Requested Exemption will not Endanger the Common Defense and Security The common defense and security are not implicated in this exemption request.
Only the potential impact on public health and safety is at issue.
(4)
Special Circumstances A special circumstance is present in that the application of the regulation would not serve the underlying purpose of the rule.
The purpose of the rule as defined in 10 CFR Section 50.36a (a) is to keep releases of radioactive materials to unrestricted areas as low as is reasonably achievable (ALARA).
Significant increases in radiological effluent releases that may be indicative of an inherent defect in plant design or operation and which may require a timely corrective action, are reported promptly under the provisions of 10 CFR Section 50.72 and 10 CFR Section 50.73.
The reporting provision of 10 CFR Section 50.36a(a)(2) addresses the schedule for transmitting routine plant data, and not the process for identifying problems, requiring prompt attention, of interest to the health and safety of the public.
The reporting period is only one facet associated with.
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an ALARA evaluation.
The data submitted must be subjected to an evaluation process by the-NRC-in order 1
to relate it to a measurement of the plants ALARA performance.
Further, additional information would be required for the evaluation process, such as the nature of the plant activities, in order to correlate the data to ALARA performance.
For-these reasons, the evaluation of the data can only be a long term process, and an extension of 30 days in this process will have a negligible effect on the overall evaluation of the plant's ALARA program.
Continued efforts to conform to the 60 day schedule will result in the continued transmittal of data in a fragmented and inefficient manner, and expose the Licensee to potential enforcement action for failures to meet schedular requirements which are unnecessarily stringent.
1 II.
Loss of Shutdown Margin Redundant Reporting Requirement Current Technical Specification 6.9.2.a. on page 257 requires that a special report be submitted to the Director of the Regional Office for Loss of Shutdown Margin.
It is requested that the reporting requirement in Technical i
Specification 6.9.2.a be deleted since it is redundant, i
except for the reporting schedule, to the new LER' rule.
It f
may also result in an item of non-compliance if the Licensee fails to report under both the reporting provisions of the i
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rule and the Technical Specifications.
The change conforms with the recommendation of Generic Letter 83-43, " Reporting Requirements of 10 CFR 50, Section 50.72 and 50.73 and Standard Technical Specifications, December 19, 1983".
10 CFR Section 50.73 (Licensee Event Report System),
paragraph (g) states: "The requirements contained in this section replace all existing requirements for licensees to report " Reportable Occurrences" as defined in individual plant Technical Specifications".
Generic Letter 83-43 advised licensees that the reporting requirements incorporated into the Administrative Controls section of their facility's Technical Specifications may'be modified to reflect the reporting requirements of Part 50.
Loss of Shutdown Margin is reportable under the provisions of the LER Rule (10 CFR Section 50.73(a)(2)(1)(B)).
Consequently, the reporting requirement of Technical Specification 6.9.2.a is redundant to the reporting requirements of 10 CFR Section 50.73.
A.
Safety Discussion The deletion of the special 15 day written reporting requirement for the Loss of Shutdown Margin will not impact safety since adequate reporting provisions are established by the Commission's regulations (10 CFR Section 50.73(a)(2)(i)(B)).
The reporting schedule in the LER rule of prompt notification, followed up with a 30 day written
report, is considered to be at least as conservativa as the 15 day written reporting schedule in the current Technical Specification for Loss of Shutdown Margin.
B.
Significant Hazards Consideration Determination The Commission has provided guidance concerning the application of the standards for determining whether a significant hazards consideration exists by providing certain examples (Vol. 51 No. 44 Federal Register 7751) of amendments that are considered not likely to involve a significant hazards consideration.
Example (i) relates to a purely administrative change to Technical Specifications:
for example, a change to achieve consistency throughout the Technical Specifications, correction of an error, or a change in nomenclature.
In this case, the proposed change is similar to example (i) in that it is an administrative reporting change which as previously' discussed will result in prompt notification of Loss of Shutdown Margin foll-wed up with a 30 day written report.
Therefore, the proposed change does not involve a significant hazards consideration because operation of Peach Bottom Units 2 and 3 in accordance with this change would not:
(1) involve a significant increase in the probability or consequences of an accident previously calculated because the change does not diminish reporting.
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hI requirements but merely eliminates a redundant reporting requirement for Loss of Shutdown Margin; i
(2) create the possibility of a new or different kind of l
accident from any previously analyzed because l
l reporting requirements do not establish a potential I
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j new accident precursor; i
l (3) involve a significant reduction in a margin of safety i
because the current reporting requirements in 10 CFR Section 50.72 and 10 CFR Section 10.73 covers all events, including Loss of Shutdown Margin, that may impact the margin of safety, and require the NRC to be notified.
r The Plant Operating Review Committee and the Nuclear
. Review Board have reviewed these proposed changes and have concluded that they do not involve any unreviewed safety questions or significant hazard considerations, nor will they endanger the health and safety of the public.
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Respectfully submitted, PHILADELPHIA ELECTRIC COMPANY
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Vice President ___
COMMONWEALTH OF PENNSYLVANIA ss.
COUNTY OF PHILADELPHIA J. W. Gallagher, being first duly sworn, deposes and says:
That he is Vice President of Philadelphia Electric Company, the Applicant herein; that he has read the foregoing Application for Amendment of Facility Operating Licenses and knows the contents thereof; and that the statements and matters set forth therein are true and correct to the best of his knowledge, information and belief.
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Subscribed and sworn to W
before me this2/ day of N
,M k-Notary Public MELANIE R. CAMPANELtA Notary Public, Philadelphia, Philade!phia Co.
My Commission &pires February 12,1990 i
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