ML20248F224
| ML20248F224 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 10/03/1989 |
| From: | Lainas G Office of Nuclear Reactor Regulation |
| To: | POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| Shared Package | |
| ML20248F227 | List: |
| References | |
| NUDOCS 8910060286 | |
| Download: ML20248F224 (4) | |
Text
g.
- i. s 7590-01 I-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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POWER AUTHORITY OF THE
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Docket No. 50-333
~ STATE OF NEW YORK
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(James A. FitzPatrick
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Nuclear Power Plant)
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EXEMPTION I.
The Power Authority of the State of New York (the licensee) is the holder of Facility Operating License No. DPR-59, which authorizes operation of the James A. FitzPatrick Nuclear Power Plant (the facility).
The license provides, among other things', that the facility is subject to all the rules, regulations, i
and Orders of the Nuclear Regulatory Comission (the Comission) now or hereafter in effect.
The facility is a boiling water reactor located at the licensee's site in Oswego County, New York.
1 II.
Section IV. A. of Appendix J to 10 CFR Part 50 requires that a Type A, Type B, or Type C Leak Rate Test (as applicable) be performed following any major modification or replacement of a component which is part of the primary containment boundary.
8910060286 891003 PDR ADOCK 05000333 p
-2 As part of the Inservice Inspection Program conducted during the current i
mid-cycle maintenance outage, the licensee discovered the presence of a slag inclusion within Weld No. 10-14-884A on the "B" Core Spray System test return pipe (10"-W23-152-98) to the primary containment suppression chamber.
In accordance with the requirements of ASME Section XI and ASME B-31.1-1967 the weld has been repaired and reinspected. The weld is located on a section of piping between the Core Spray Test return valve 14MOV-26B and the primary containment pressure suppression chamber shell and is part of the primary containment pressure boundary.
Although this type of repair to the containment pressure boundary is not specifically discussed in Appendix J to 10 CFR Part 50, the licensee considers, and the staff agrees, that the intent of the regulation requires that a Type A, Type B, or Type C leak rate test, as applicable, be conducted. However, because of the location of the weld repair, a Type B or C test are not applicable. Also, because of the setup and testing time involved and the significant delay it would have on plant startup, a Type A Primary Containment Integrated Leak Rate Test is not feasible.
In lieu of a Type A, Type B, or Type C Leak Rate Test, the licensee has, by "JPN-89-062, Forwards Application for Amend to License DPR-59,revising Tech Specs to Reflect Exemption from 10CFR50,App J Re Containment Leak Rate Testing to Permit Repair of Weld 10-14-884A on [[system" contains a listed "[" character as part of the property label and has therefore been classified as invalid. Test Return Line|letter dated September 28, 1989]], requested an exemption from the Appendix J criteria and submitted an alternate testing program. This testing program consists of 100 percent radiography, surface examination and an inservice flow l
test which will be conducted in accordance with the applicable ANSI and ASME codes.
l The staff have reviewed the licensee's exemption, request and prepared a safety evaluation. This safety evaluation determined that the li:ensee's I
p t alternate testing program provides comparable level of safety to that provided 4
by Section IV.A of Appendix J to 10 CFR Part 50.
Our Safety Evaluation supporting this Exemption is dated october 3.1989.
III.
The underlying purpose of the requirements of Section IV.A of Appendix J to 10 CFR Part 50 is to ensure that the primary containment integrity is not compromised or that repairs do not result in unacceptable leakage when replacing components which form part of the boundary.
In the case of the Core Spray System weld repair, this is achieved and served by the non-destructive tests which were performed.
In this case, the licensee's examinations of the weld repair for the "B" Core Spray System full flow test pipe (Weld No. 10-14-884A),consistingof radiography, surface examinations and flow test, will provide the equivalent level of protection as that provided by the Type A, Type B, or Type C Leak Rate Tests. Therefore, application of the rule in these circumstances is not necessary to achieve the underlying purpose of the rule and the Commission's staff finds that there are special circumstances in this case which satisfy the standards of 10 CFR Part 50.12 (a)(2)(ii). Additionally, imposition of the leak rate testing requirement would involve procurement and setup of additional test equipment, establishment of a complex test environment and boundary conditions, and a significant delay in the planned plant startup date. Therefore, the staff also finds that there are special circumstances l
l in this case which also satisfy the standards of 10 CFR Part 50.12(a)(2)(iii).
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4-IV.
i Accordingly, the Comission has determined that, pursuant to 10 CFR 50.12(a), this exemption as described in Section III, is authorized by law, and will not present an undue risk to the public health and safety, and is consistent with the comon defense and security, and special circumstances are present for the exemption, in that application of the regulation in this particular circumstance is not necessary to achieve the underlying purposes.
of Section IV.A of Appendix J to 10 CFR Part 50. Therefore, the Commission
' hereby grants the exemption from Section IV.A to allow the satisfactory j
results from the non-destructive tests conducted on the weld repair on the "B" Core Spray System full flow test return line to fulfill the requirements of a Type A, Type B, or Type C Test.
Pursuant to 10 CFR 51.32, the Commission has determined that the granting this Exemption will have no significant impact on the. environment 1
(54 FR 40759).
For further details with respect to this action, see the licensee's request dated September 28, 1989, which is available for inspection at the Commissicn's Public Document Room, 2120 L Street N.W., Washington, D.C., and at the State University of New York, Penfield Library, Reference and Documents Department, Oswego, New York, 13126.
This Exemption is effective upon issuance and is applicable for the operating cycle following startup from the 1989 maintenance outage.
Dated at Rockville, Maryland, this day of October 1989.
FOR THE NUCLEAR REGULATORY COMMISSION Gus Lainas Acting Director Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation i