ML20217A535

Requests Exemption from Requirements of 10CFR70.24(a), Criticality Accident Requirements, for Areas Containing Unirradiated Fuel While Handled,Used or Stored Onsite

ML20217A535
Person / Time
Site:	Peach Bottom
Issue date:	03/18/1998
From:	Geoffrey Edwards PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9803250101
Download: ML20217A535 (7)

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10CFR70.24(d)

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PECO NUCLEAR- - eeco eoe,2, co,enem, .

965 Cresterbrook Boulevard

- A Unit of PECO Energy Wayne. PA 19087-5691.

March 18,' 1998 '

1 Docket Nos. 50-277 50-278-License Nos. DPR DPR *

,c U. S. Nuclear Regulatory Commission

ATTN:DocumentControlDesk

' Washington, DC 20555

SUBJECT:

- Peach Bottom Atomic Power Station, Units 2 and3 10CFR70.24 Exemption Request Gentlemen:

This letter is being submitted to request an exemption from the requirements of

'10CFR70.24(a) " Criticality Accident Requirements," for Peach Bottom Atomic Power Station (PBAPS), Units 2 and 3. PECO Energy Company (PECO Energy) is requesting an exemption to the enticality accident monitoring requirements stipulated in R ' 10CFR70.24(a) for the areas containing unitradiated fuel while it is handled, used, or.

r stored onsite. The exemption is necessitated because of your decision to not proceed with the direct final rule change to 10CFR70.24. The attached exemption request satisfies the good cause requirements described in 10CFR70.24(d). PECO Energy believe that the requested exemption is authorized by law, will not endanger life or -

ptoporty or the common defense and security, and is othe wise in the public interest. -

, PECO Energy requests that the NRC grant this exemption by July 15,1998, in order to support receipt of new fuel at PBAPS, Unit 2.' If you have any questions or require

additional information, please do not hesitate to contact us.

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Attachment :

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H. J. Miller, Administrator, Region I, USNRC o ff) Y A. C. McMurtray, USNRC Senior Resident inspector, PBAPS -

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ATTACHMENT 1 PEACH BOTTOM ATOMIC POWER STATION UNITS 2 AND 3 10CFR70.24 EXEMPTION REQUEST

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DockCt Nos. 50-277 -

50-278 e License Nos. DPR-44 DPR-56

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f Reouest for Exemotion from 10CFR70.24(a) Reauirements in accordance with the requirements of 10CFR70.14, PECO Energy Company i

- (PECO Energy) requests an exemption from the criticality accident monitoring . ]

requirements of 10CFR70.24(a) for Peach Bottom Atomic Power Station 1 (PBAPS), Units 2 and 3, for areas where unitradiated fuel is processed. The a scial nuclear material that could be assembled into a critical mass at PBAPS,

. L nits 2 and 3, is in the form of nuclear fuel. The quantity of special nuclear material other than fuel that is stored on site in any given location is small -

enough to preclude achieving a critical mass. New fuel bundles which are packaged in NRC approved packaging may be' handled, used, or stored in  !

unmonitored areas provided they remain in the approved shipping packages. i Radiation monitoring instrumentation (i.e., using gamma-or neutron sensitive  ;

radiation detectors) will be provided in those areas where thu fuel assemblies

' are removed frcm the shipping containers. This will ensure that the new fuel is monitored in all areas where it is handled, ut ed or stored.

This request is consistent with NRC guidance issued on October 10,1997 in information Notice 97-77, " Exemptions from the Requirements of Section 70.24 of Title'10 of the Code of Federal Regulations."

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' Granting this exemption will facilitate receipt and processing of new fuel for PBAPS, Units 2 and 3, currently scheduled for the first week of August 1998.

Therefore, we are requesting that the NRC grant this exemption by July 15, 1998, to support this schedule. The requested exemption will in no way affect the health and safety of the public.

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~.10CFR70.24(d) anticipates that licensees may request relief from these requirements and allows licensees to apply for an exemption from 10CFR70.24, in whole or in past, if good cause is shown. PECO Energy believes that good cause exists as discussed below.

4 Scope of Reauest 10CFR70.24(a), " Criticality Accident Requirements, " states the following:

"Each licensee authorized to possess special nuclear material in a quantity f exceeding 700 grams of contained uraniuma 235,520 grams of uranium - 233, 3 450 grams of plutonium,'1500 grams of contained uranium - 235 if no uranium

,< . i / enriched to more than 4 percent by weight of uranium'-235 is present,450;

grams of any combination thereof, or one-half such quantities if massive moderators or reflectors made of graphite, heavy water or beryllium may be present, shall maintain in each area in which such licensed special nuclear -

, i i material is handled, used, or stored, a monitoring system meeting the w "* 1 requirements of either paragraph (a)(1) or (a)(2), ' as appropriate, and using .

l gamma - or neutron - sensitive radiation detectors which will energize clearly.

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' audible alarm signals if accidental criticality occurs. This section is not ' intended p;

4 to require underwater monitoring when special nuclear material is handled or .

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storgd benxth ' water 'shisiding or to requiro monitoring systema when speci:1 nuclear material is being transported when packaged in accordance with the requirements of part 71 of this chapter."

Unirradiated Nuclear Fuel Unirradiated nuclear fuel packaged in an NRC approved packaging is prevented

from criticality events due to the construction of the package and the storage ,

configuration of the feel in the shipping container. Package design ensures that ,

a criticality safe configuration is maintained during transport, handling, storage, - )

and accident conditions. Package design also precludes introduction of any moderating agents due to leak tight construction. NRC approval (i.e.,

represented by issuance of a Certificate of Compliance for Radioactive 1 Materials Packsges) of the package design is certification by the NRC that any incident which could occur during transport could not cause an inadvertent criticality accident. The fuel that is received at PBAPS, Units 2 and 3, is a packaged in NRC approved shippi,ng packages which satisfy the requirements -

of 10CFR71. The a: proved shipping packages that are received consist of an ,

outer wooden conta ner and an inner metal container. Because PECO Energy only removes the new fuel from the inner shipping container in areas monitored by devices which meet 10CFR70.24(a) (2) requirements, we believe that we have demonstrated good cause for granting an exemption to the criticality accident monitoring requirements as stipulated in 10CFR70.24(d).

Criteria for Evaluatina 10CFR70.24 Exemotion Reauests As indicated in SECY-97-155, dated July 21,1997, the NRC determined that it is appropriate to exercise enforcement discretion in some cases where licensees do not comply with the 10CFR70.24 requirements, since the safety significance of the failure to comply with these requirements is minimal provided controls are in place. The NRC also indicated that enforcement discretion was appropriate because it did not recognize the need for an exemption during the licensing  ;

process. The NRC does not intend to take further enforcement action for failure j to meet the requirements of 10CFR70.24 provided licensees obtain an i exemption from this regulation before the next receipt of fresh fuel or before the I next planned movement of fresh fuel. The NRC established and published i seven criteria that it is using to evaluate exemption requests to 10CFR70.24. To assist the NRC in its review of PECO Energy's 10CFR70.24 exemption request, thr .Jeria is restated below followed by our response.

Criterion 1. Plant procedures do not permit more than [ 1 PWR OR 3 BWR]

new fuel [ assembly / assemblies] to be in transit between their associated shipping cask and dry storage rack at one time.

Response Existing plant procedures (i.e., M-018-003, "New Fuel Receipt and Inspection") restrict the number of fresh fuel assemblies that are '

permitted to be out of their metal shipping containers on the fuel floor to three. The fuel inspection stand at PBAPS, Units 2 and 3, accommodates two fuel bundles at a time. After the fuel bundles .

are inspected and channeled, they are placed in the spent fuel  !

pool. Therefore, PECO Energy believes that we have satisfied this  !

i . specific criterion;  ;

Criterion 2. The K-effective of the fresh fuel storage racks filled with fuel of the  !

maximum permissible U-235 enrichment and flooded with pure l water.does not exceed 0.95, at a 95 percent probability,95_ l pement confidence level.- l

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Response' This criterion is not applicable at PBAPS, Units 2 and 3, because Technical Specifications (TS) Section 4.3.1.2 specifically states, j

- "The new fuel storage racks shall not be used for fuel storage. The new fuel shall be stored in the spent fuel storage racks."

Therefore, PECO Energy believes that we have satisfied this specific criterion. t j

Criterion 3. If optimum moderation of fuel in the fresh fusi storage racks occurs I when the fresh fuel storage racks are not flooded, the K-effective .I corresponding to this optimum moderation does not exceed 0.98, at a 95 percent probability, 95 percent confidence level.

Response This criterion is not applicable at PBAPS Units 2 and 3, because j' TS Section 4.3.1.2 specifically states, "The new fuel storage racks shall not be used for fuel storage. The new fuel shall be stored in the spent fuel storege racks." PECO Energy believes that we have satisfied this specific criterion.

Criterion 4. The K-effective of spent fuel storage racks filled with fuel of the maximum permissible U-235 enrichment and filled with pure water does not exceed 0.95, at a 95 percent probability, 95 percent a confidence level.  ;

Response PBAPS, Units 2 and 3, TS Section 4.3.1.1b specifically states, "The spent fuel storage racks are designed and shall be maintained with/<eff < 0.95 if fully flooded with unborated water, which '

includes an allowance for uncertainties as described in Section 10.3 of the UFSAR. " Therefore, PECO Energy believes that we have satisfied this specific criterion.

1 Criterion 5. The quantity of forms of special nuclear material, other than ]

nuclear fuel, that are stored on site in any given area is less than  ;

I the quentity necessary for a critical mass.

Response f %PS Units 2 and 3, have a special nuclear material

ountability and control program (i.e., procedures A-44, "Special

. aclear Material Accounting," and RE-C-044, " Accountability and Control of Special Nuclear Material (SNM)") which ensures that special nuclear material is properly stored and accounted for in  ;

accordance with the requirements of 10CFR70. " Material Balance Areas" have been established to store and account for all special nuclear material. Other than nuclear fuel, items that contain

- special nuclear material include Source Range Monitors,-

- Intermediate Range Monitors, Average Power Range Monitors, ..

Wide Range Neutron Monitors, and Traversing in-Core Probes. . 1 These items have been evaluated and determined to contain much ,

less enriched uranium by weight (l.a., < 1 gram) than the quantity required to achieve criticality in any configuration. Therefore, PECO Energy believes that we have satisfied this specific criterion.

y q . Critorion'6. Radiation monitors, as required by GDC 63, are provided in fuel. {

storage and handling areas to detect excessive radiation levels

, and to initiate appropriate safety actions.

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Response New fuel at PBAPS. Units 2 and 3, is stored in an outdoor fuel storage area, Reactor Building 135 foot elevatien (truck bay area),

- the refuel floor, and the spent fuel pool. In the outdoor fuel storage area, the new fuel shipping containers are offloaded from the delivery truck for storage. The wooden outer shipping i container lids are removed and the metal inner containers are lifted j out of the shipping container and onto a transport vehicle until tha  !

'l transport vehicle is completely loaded. The outer container function is to protect the inner metal container during transport.

The inner metal container alone provides support to the new fuel and prevents criticality; therefore, the need to monitor for criticality in the outdoor fuel storage area is obviated. The loaded transport -

vehicle is brought into the Reactor Building 135 foot elevation where the inner metal containers are lifted to the refuel floor. On ,

the refuel floor, the new fuel is removed from the inner metal 1 containers. During the construction licensing process for PBAPS, j Units 2 and 3, the units were evaluated against the then current 1 i

Atomic Energy Commission draft of the .27 General Design Criteria for Nuclear Power Plants (November 1965) rather than the 70 - I criteria proposed in July 1967. P8APS, Units 2 and 3, have area radiation monitors (ARMS) that meet the requirements of 10CFR70.24(a)(2). The ARMS provide both a local and Main ,

l Control Room alarm if excessive radiation levels are detected on the refuel floor. The ARMS function as the monitoring system l capable of detecting a criticality in the only area where accidental i criticality is possible. Therefore, PECO Energy believes that we  ;

have satisfied this specific criterion.  !

Cnterion 7. The maximum nominal U-235 enrichment is 5 wt percent. j Response PECO Energy's nuclear fuel supplier is licensed to handle a maximum of 5 weight percont enrichment in their fuel fabrication facility. In addition, our enrichment supplier is only certified, and specified by contract, to enrich natural uranium to 5 weight percent.  :

PECO Energy does not use, or have access to, fuel with ,

enrichments greater than 5 weight percent. Therefore, PECO l energy believes that we have satisfied this specific criterion.

Cost Benefit i i

A considerable amount of resources would be expended to install, maintain, and l operate a monitoring system capable of detecting a criticality at all locations  !

where new fuel is processed at PBAPS, Units 2 and 3, to satisfy the  ;

requirements of 10CFR70.24(a) without a comparable increase in plant safety.  !

Therefore, installation of a monitoring systern to meet these requirements does not appearjustified or necessary.

Bisk to Public Health and Safety Due to ihe form of special nuclear material contained in neutron monitoring detecbrs, and as long as the unirradiated fuel is stored in approved shipping cont 6iners, or as specified in the responses to the criteria identified above, an  !

ina6vertent criticality will not occur. Therefore, public health'and safety 1 considerations are maintained. )

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Environmental Assessment

. B4cause all fuel handling activities at PBAPS, Units 2 and 3, are performed in accordance with approved procedures intended to assure non-criticality and radiation safety, environmental impacts from an inadvertent criticality are not expected. Therefore, granting this exemption will have no significant adverse impact on the quality of the environment.

Conclusion Based on the above exemption request and supporting justification, PECO Energy has concluded that operation of PBAPS, Units 2 and 3, in accordance with the proposed exemption to 10CFR70.24(a) is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. PECO Energy considers that good cause for granting an exemption has been demonstrated, and therefore, the requested exemption should be granted in accordance with the requirernents of i 10CFR70.24(d).

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