TMI-20-027, Request for Rescission of Security and Safeguards Order EA-02-026 ICM B.1.a from Three Mile Island Nuclear Station Renewed Facility License
| ML20286A214 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island, 07200077  |
| Issue date: | 10/09/2020 |
| From: | Gallagher M Exelon Generation Co |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation |
| References | |
| EA-02-026, TMI-20-027 | |
| Download: ML20286A214 (7) | |
Text
Michael P. Gallagher Exelon Nuclear Vice President License Renewal and Decommissioning 200 Exelon Way Kennett Square, PA 19348 610 765 5958 Office 610 765 5658 Fax www.exeloncorp.com michaelp.gallagher@exeloncorp.com Order EA-02-026 TMI-20-027 October 9, 2020 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Three Mile Island Nuclear Station, Unit 1 Renewed Facility Operating License No. DPR-50 NRC Docket Nos. 50-289 and 72-077
Subject:
Request for Rescission of Security and Safeguards Order EA-02-026 ICM B.1.a from Three Mile Island Nuclear Station Renewed Facility License
Reference:
- 1) Letter from U.S. Nuclear Regulatory Commission to Oliver Kingsley, Exelon Generation Company, LLC - "Issuance of Order for Interim Safeguards and Security Compensatory Measures For - Three Mile Island Nuclear Station, Unit 1," dated February 25, 2002 (Accession No. ML020510333)
- 2) Letter from Michael P. Gallagher (Exelon Generation Company, LLC),
"Certification of Permanent Removal of Fuel from the Reactor Vessel for Three Mile Island Nuclear Station, Unit 1," dated September 26, 2019 (Accession No. ML19269E480)
- 3) Letter from U.S. Nuclear Regulatory Commission to Bryan C. Hanson, Exelon Generation Company, LLC - "Three Mile Island Nuclear Station, Unit 1 - Issuance of Amendment No. 297 Re: Defueled Technical Specifications and Revised License Conditions (EPID L-2018-LLA-0204), " dated August 29, 2019 (Accession No. ML19211D317)
By letter dated February 25, 2002 (Reference 1), the U.S. Nuclear Regulatory Commission (NRC) issued Order EA-02-026 for Interim Safeguards and Security Compensatory Measures for Three Mile Island Nuclear Station, Unit 1 (TMI-1). Similar orders were issued to all power reactor licenses.
On September 20, 2019, Exelon Generation Company, LLC (Exelon) permanently shut down TMI-1. By letter dated September 26, 2019 (Reference 2), Exelon certified to the NRC that the reactor was permanently shut down and fuel was permanently removed from the TMI-1 reactor vessel. Since the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel have been submitted to the NRC in accordance with 10 CFR 50.82(a)(1)(i) and (ii), pursuant to 10 CFR 50.82(a)(2), the 10 CFR Part 50 license no longer will
U.S. Nuclear Regulatory Commission TMI-1 Request for Order Rescission Docket Nos. 50-289 and 72-77 October 9, 2020 Page 2 permit operation of the reactor or placement of fuel in the reactor vessel. The TMI-1 facility license has been amended to a possession only license (Reference 3).
The purpose of this letter is to request rescission of Interim Compensatory Measure (ICM) B.1.a of Order EA-02-026 for TMI-1 since TMI-1 has docketed the 10 CFR 50.82(a)(1) certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel.
Pursuant to Section III.D of Order EA-02-026, a request to rescind IICM B.1.a is provided in the Attachment to this letter. The Attachment to this letter provides the good cause justification for this request.
No commitments to the NRC are made in this letter.
If you have any questions concerning this submittal, please contact Leslie Holden at (630) 657-2524.
Respectfully, Gallagher, Michael Digitally Michael P signed by Gallagher, P Date: 2020.10.09 11:15:53 -04'00' Michael P. Gallagher Vice President, License Renewal & Decommissioning Exelon Generation Company, LLC
Attachment:
Request for Rescission of Interim Compensatory Measure B.1.a for Order EA-02-026 cc: w/Attachment Regional Administrator - NRC Region I NRC Project Manager, NMSS/DUWP/RDB - Three Mile Island, Units 1 & 2 Decommissioning Lead Inspector - NRC Region I Director, Bureau of Radiation Protection - PA Department of Environmental Protection
U.S. Nuclear Regulatory Commission TMI-1 Request for Order Rescission Docket Nos. 50-289 and 72-77 October 9, 2020 Page 3 bcc: w/o Attachment Senior Vice President Mid-Atlantic Operations Vice President - Nuclear Security, Licensing and Regulatory Affairs Decommissioning Plant Manager - TMl-1 w/Attachment Senior Manager, Decommissioning - Cantera Regulatory Assurance - TMI-1 Manager, Licensing and Regulatory Affairs - KSA Licensing Records - KSA Commitment Tracking Coordinator - East Security - Cantera
ATTACHMENT Three Mile Island Nuclear Station, Unit 1 Request for Rescission of Interim Compensatory Measure B.1.a for Order EA-02-026
Attachment TMI-1 Request for Order Rescission Docket Nos. 50-289 and 72-77 Page A-1 of 3
- 1. PROPOSED ORDER RESCISSION Order EA-02-026, "Interim Safeguards and Security Compensatory Measures" (Reference 1) required Exelon Generation Company, LLC (Exelon) to address specific security-initiated events in Interim Compensatory Measure (ICM) B.1.a of the Order EA-02-026, which are associated with reactor operation.
Exelon hereby requests rescission of ICM B.1.a of Order EA-02-026 for Three Mile Island Nuclear Station, Unit 1 (TMI-1) since the systems, structures, and components (SSC) associated with this order element is no longer required at TMI-1. Exelon has docketed the 10 CFR 50.82(a)(1) certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessel and the TMI-1 facility license has been amended to a possession only license.
- 2. BACKGROUND Following the terrorist attacks on September 11, 2001, the NRC supplemented the security measures required for protection against the design basis threat at nuclear power reactor facilities through a series of security orders. These orders, including Order EA-02-026 (Reference 1), established new requirements for specific training; access authorization enhancements; and enhancements to defensive strategies, mitigative measures, and integrated response.
Subsequently, the NRC amended Title 10 of the Code of Federal Regulations (10 CFR) Parts 50, 52, 72, and 73, including Appendices B and C to Part 73, through a final rule ("Power Reactor Security Requirements") published in the Federal Register on March 27, 2009 (74 FR 13925). The rulemaking codified generically applicable security requirements previously issued by orders and updated the existing power reactor security requirements. The rule became effective on May 26, 2009. However, the requirements of Order EA-02-026 addressed by ICM B.1.a, which involve operator training for specific security-initiated events, were not covered by the proposed rule (or existing regulations) and which the NRC deemed necessary to remain in effect. The NRC partially rescinded Order EA-02-026 by letter dated November 28, 2011 (Reference 2) and maintained the requirements of ICM B.1.a as part of the order.
By letter dated September 26, 2019 (Reference 3), Exelon provided notification to the NRC that the TMI-1 reactor was permanently shut down on September 20, 2019, and that all fuel was permanently removed from the reactor vessel. Since the certifications for permanent cessation of operations (Reference 4) and permanent removal of fuel from the reactor vessel (Reference
- 3) have been submitted to the NRC in accordance with 10 CFR 50.82(a)(1)(i) and (ii),
respectively, pursuant to 10 CFR 50.82(a)(2), the 10 CFR Part 50 license no longer will permit operation of the reactor or placement of fuel in the reactor vessel. The TMI-1 facility license has been amended to a possession only license (Reference 5) to reflect its permanently shutdown and defueled condition.
Attachment TMI-1 Request for Order Rescission Docket Nos. 50-289 and 72-77 Page A-2 of 3
- 3. GOOD CAUSE JUSTIFICATION Section Ill of Order EA-02-026 provide the NRC's Director of the Office of Nuclear Reactor Regulation the authority to relax or rescind any or all of the conditions of the Order upon demonstration by the licensee of good cause.
Exelon is requesting rescission of ICM B.1.a in Order EA-02-026 for TMI-1 based on TMI-1s transition from an operating reactor to non-operating reactor (permanently shutdown and defueled). The SSCs used for the purpose of mitigating the effects of a LOCA and are otherwise associated with these orders are no longer in operation at TMI-1. Licensed operators are no longer required since plant operation cannot occur at TMI-1 and have been replaced with Certified Fuel Handlers and Non-Certified Operators.
Since TMI-1 has been permanently defueled and has docketed the certifications required by 10 CFR 50.82(a)(1)(i) and (ii), the 10 CFR Part 50 license no longer authorizes operation of the reactor or retention of fuel in the reactor vessel. Exelon is citing the following reasons to demonstrate good cause for the requested rescissions:
- The specific security-initiated event addressed in ICM B.1.a of the Order EA-02-026 does not have any immediate effect on the storage or cooling of spent fuel; therefore, there is no longer a need to address the specific security-initiated event in ICM B.1.a of the Order EA-02-026.
The NRC staff has rescinded ICM B.1.a in Order EA-02-026 for other decommissioning reactors (Reference 6) and has determined that rescinding of this ICM will not reduce the capability of the licensee to mitigate any consequences from the specific security-initiated event described in Order EA-02-026, even in the unlikely case that the event could have some effect on the systems used for storage and cooling of spent fuel.
TMI-1 will maintain mitigation strategies for the protection of spent fuel pursuant to condition 2.C.(17) of its license. License condition 2.C.(17) requires TMI-1 to maintain strategies and staff training to address large fires and explosions that includes protection of the spent fuel. TMI-1 will continue to provide its staff training on mitigation strategies related to the protection of spent fuel.
- 4. CONCLUSION Based on the above, Exelon is requesting the Director, Office of Nuclear Reactor Regulation to rescind ICM B.1.a in Order EA-02-026 for TMI-1. TMI-1 has docketed the 10 CFR 50.82(a)(1)(i) and (ii) certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel and, pursuant to 10 CFR 50.82(a)(2), the 10 CFR Part 50 license no longer permits operation of the reactor or placement of fuel in the reactor vessel and its facility license has been amended to a possession only license .
- 5. REFERENCE
- 1) Letter from U.S. Nuclear Regulatory Commission to Oliver Kingsley, Exelon Generation Company, LLC - "Issuance of Order for Interim Safeguards and Security Compensatory Measures For - Three Mile Island Nuclear Station, Unit 1," dated February 25, 2002 (ML020510333)
Attachment TMI-1 Request for Order Rescission Docket Nos. 50-289 and 72-77 Page A-3 of 3
- 2) Letter from U.S. Nuclear Regulatory Commission to Exelon Generation Company, LLC, Three Mile Island Nuclear Station, Unit 1, - "Rescission or Partial Rescission of Certain Power Reactor Security Orders Applicable to Nuclear Power Plants," dated November 28, 2011 (ADAMS Accession No. ML111220447)
- 3) Letter from Michael P. Gallagher (Exelon Generation Company, LLC), "Certification of Permanent Removal of Fuel from the Reactor Vessel for Three Mile Island Nuclear Station, Unit 1, " dated September 26, 2019 (Accession No. ML19269E480)
- 4) Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Three Mile Island Nuclear Station, Unit 1," dated June 20, 2017 (ADAMS Accession No. ML17171A151)
- 5) Letter from U.S. Nuclear Regulatory Commission to Bryan C. Hanson , Exelon Generation Company, LLC - " Three Mile Island Nuclear Station, Unit 1 - Issuance of Amendment No. 297 Re: Defueled Technical Specifications and Revised License Conditions (EPID L-2018-LLA-0204)," dated August 29, 2019 (Accession No. ML19211D317)
- 6) Letter from U.S. Nuclear Regulatory Commission to Entergy Nuclear Operations, Inc., "Vermont Yankee Nuclear Power Station - Rescission of Interim Compensatory Measure B.1.A In EA-02-026, 'Order for Interim Safeguards and Security Compensatory Measures' and Rescission Of EA-06-137, 'Order Requiring Compliance with Key Radiological Mitigation Strategies' (TAC NO. MF3307)," dated December 13, 2014 (ADAMS Accession No. ML14227A912)