ML22196A397
| ML22196A397 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 09/16/2022 |
| From: | Amy Snyder Reactor Decommissioning Branch |
| To: | Sauger J TMI-2 Solutions |
| Amy Snyder, 301-415-6822 | |
| Shared Package | |
| ML22196A393 | List: |
| References | |
| EPID L-2021-LLE-0045 | |
| Download: ML22196A397 (7) | |
Text
SAFETY EVALUATION BY THE
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
FOR A CONFORMING AMENDMENT RELATED TO REQUEST
FOR PARTIAL EXEMPTIONS FROM CERTAIN RECORD RETENTION
REQUIREMENTS FOR POSSESSION ONLY LICENSE NO. DPR-73
FROM TMI-2 SOLUTIONS, LLC
THREE MILE ISLAND STATION, UNIT NO. 2
DOCKET NO. 50-320
1.0 INTRODUCTION
TMl-2 Solutions, LLC, (TMI-2 Solutions or the licensee) is the holder of Possession Only License (POL) No. DPR-73 for Three Mile Island Nuclear Station, Unit No. 2 (TMI-2). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC or the Commission) now or hereafter in effect. The TMI-2 facility is located in Dauphin County, Pennsylvania.
On March 28, 1979, the unit experienced an accident initiated by interruption of secondary feedwater flow. This led to a core heat up that caused fuel damage. Most of the fuel material travelled down through the region of the southeastern assemblies and into the core bypass region. A portion of the fuel material passed around the bypass region and migrated down into the lower internals and lower head region, but overall reactor vessel integrity was maintained throughout the accident. As a result of this accident, small quantities of spent nuclear fuel, damaged core material, and high-level waste (collectively referred to as Debris Material) were transported through the reactor coolant system and the Reactor Building. In addition, a small quantity of Debris Material was transported to the auxiliary and fuel handling buildings (AFHB).
Further spread of the Debris Material also occurred as part of the post-accident water processing cleanup activities.
The quantity of fuel remaining at TMl-2 is a small fraction of the initial fuel load; approximately 99 percent was successfully removed in the defueling. Additionally, large quantities of radioactive fission products that were released into various systems and structures were removed as part of the waste processing activities during the TMl-2 Cleanup Program. The cleanup to meet the NRC post-accident safe storage criteria was completed and accepted by the NRC with TMI-2 entering into Postdefueling Monitored Storage (PDMS) in 1993.
Enclosure 3 In a letter dated February 13, 2013, (Agencywide Documents and Access Management System (ADAMS) Accession No. ML12349A291), the NRC stated that September 14, 1993, is considered the date of TMl-2's cessation of operations. The September 14, 1993, date coincides with the issuance of License Amendment No. 45, which converted the TMl-2 operating license into a POL (ML20029E532).
Approximately 99 percent of the fuel was removed and shipped to the Idaho National Engineering and Environmental Laboratory (INEEL) under the responsibility of the U.S. Department of Energy. The reactor coolant system was decontaminated to the extent practical to reduce radiation levels to as low as is reasonably achievable. As part of the decontamination effort, water was removed to the extent practical from the reactor coolant system and the fuel transfer canal, and the fuel transfer tubes were isolated. Radioactive wastes from the major cleanup activities have been shipped off-site or have been packaged and staged for shipment off-site. Following the decontamination activities, only the Reactor Building and a few areas in the AFHB continued to have general area radiation levels higher than those of an undamaged reactor facility nearing the end of its operating life.
With the accident cleanup completed, and the spent fuel moved to INEEL, there is no facility function related to the safe storage and management of irradiated fuel.
2.0 BACKGROUND
By letter dated October 5, 2021 (ML21279A278), as supplemented on December 15, 2021 (ML21354A027), TMI-2 Solutions submitted an exemption request asking for permanent partial exemptions from: (1) Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix B, Criterion XVII, Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, which requires certain records to be retained consistent with applicable regulatory requirements for a duration established by the licensee; (2) 10 CFR 50.59(d)(3), Changes, tests, and experiments, which requires certain records to be maintained until "termination of an operating license issued under this part;" and (3) 10 CFR 50.71(c), Maintenance of records, making of reports, which requires certain records to be retained for the period specified by the appropriate regulation, license condition, or Technical Specifications (TS), or until termination of the license, if not otherwise specified.
TMl-2 Solutions, in its December 15, 2021, supplement, committed to preserve all records pertaining to the 1979 Records Preservation Order, published in the Federal Register (FR) on May 29, 1979, ((44 FR 30788, and Attachment 1 of December 15, 2021 submittal (ML21354A027)). TMI-2 Solutions notes that an inventory of such records for the period from March 27, 1979, through May 1, 1979, was submitted to the NRC on November 18, 2021, to assist the NRC Historian in determining if the NRC document collection for the TMl-2 accident was missing any needed documents.
The licensee also submitted a license amendment request, which would revise the license to reflect the specific exemptions and associated changes in the TS, should the NRC approve the partial exemption request.
TMI-2 Solutions justifies the elimination of records associated with TMI-2 structures, systems, and components (SSCs) for retired equipment that have been removed from service and have been or will be physically removed, dismantled, or demolished, because it believes these SSCs do not now and will not in the future serve any TMI-2 functions regulated by the NRC. For
example, the primarily coolant system is currently not in service and will never be in service again nor are there any vital areas that will be used for their intended purposes. Maintaining decommissioning records on the SSC associated with the primarily coolant system will not serve any TMI-2 function regulated by the NRC. TMI-2 Solutions decommissioning plans for TMI-2 are described in the Post-Shutdown Decommissioning Activities Report dated March 17, 2021 (ML21084A229). The licensees decommissioning process involves evaluating SSCs with respect to the current facility safety analysis; progressively removing them from the licensing basis where necessary through appropriate change mechanisms (e.g., 10 CFR 50.59 or by NRC-approved TS changes, as applicable); revising the Final Safety Analysis Report (FSAR), as necessary; and then proceeding with an orderly dismantlement.
TMI-2 Solutions intends to retain the records required by its license as the state of the facility transitions through decommissioning. However, equipment abandonment will obviate the regulatory and business needs for maintenance of most records. As the SSCs are removed from the licensing basis, TMI-2 Solutions asserts that the need for its records is, on a practical basis, eliminated. Therefore, TMI-2 Solutions is requesting partial exemptions from the associated records retention requirements for SSCs for retired equipment that have been removed from service and have been or will be physically removed and historical activities that are no longer relevant, except it has committed to preserve all records pertaining to the 1979 Records Preservation Order ((44 FR 30788, dated May 29, 1979 and Attachment 1 of December 15, 2021 submittal (ML21354A027)).
In its exemption request, TMI-2 Solutions requested permanent partial exemptions for TMI-2 from:
10 CFR Part 50, Appendix B, Criterion XVII, which requires certain records to be retained consistent with applicable regulatory requirements for a duration established by the licensee;
10 CFR 50.59(d)(3), which requires certain records to be maintained until "termination of an operating license issued under this part;" and
10 CFR 50.71(c), which requires certain records to be retained for the period specified by the appropriate regulation, license condition, or TS, or until termination of the license if not otherwise specified.
Also, TMI-2 Solutions requested in its October 5, 2021, a conforming amendment specific to those TS requirements that would no longer apply should the exemptions be granted. The list of specific proposed changes to the TS were identified by TMI-2 Solutions with an asterisk in Attachment 2, Records Retention List from Technical Specifications 6.9.1 Noted with Asterisks, in its October 5, 2021, application in attachment 2.
TMl-2 Solutions, in its December 15, 2021, supplement, committed to preserve all records pertaining to the 1979 Partial Vacating of Commission Order of May 22, 1979, on Preservation of Records of TMI-2 Accidents, dated May 27,1982 ((44 FR 30788, dated May 29, 1979 and Attachment 1 of December 15, 2021 submittal (ML21354A027)).
NRC approved these partial exemptions on September 16, 2022. The licensee is no longer required to maintain records that are no longer necessary or applicable due to the permanently defueled condition and decommissioning status of the station. Specifically,
TMI-2 Solutions no longer is required to retain records associated with SSCs, and activities that were applicable to the nuclear unit, which are no longer required by the Part 50 licensing basis (e.g., removed from the FSAR and/or TS by appropriate change mechanisms).
TMl-2 Solutions is not explicitly requesting an exemption from 10 CFR Part 50, Appendix A, Criterion 1, General Design Criteria for Nuclear Power Plants, which requires certain records to be maintained throughout the life of the unit.
Further TMI-2 Solutions proposes that the list of items currently in the PDMS TS be relocated to the Decommissioning Quality Assurance Plan for this License Amendment Request (modification of its TS and change of status from POL to DECON1). TMI-2 Solutions explains that this modification would reflect the approval of this exemption request. However, specifically, as part of the conforming amendment, TMI-2 requests the removal of TS 6.9.2 a, b, f, k, l, n, and r. However, TMl-2 Solutions, in its December 15, 2021, supplement, committed to preserve all records pertaining to the 1979 Records Preservation Order ((44 FR 30788, dated May 29, 1979 and Attachment 1 of December 15, 2021 submittal (ML21354A027)). Therefore, the TS 6.9. f and r will not be deleted because it involves maintaining records specific to the 1979 Records Preservation Order.
Further, TMl-2 Solutions did not request an exemption associated with any recordkeeping requirements for storage of spent fuel debris at the TMl-2 Independent Spent Fuel Storage Installation under 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, the General License requirements of 10 CFR 72.210, General license issued, or for the other requirements of 10 CFR Part 50, or Facility Operating License No. DPR-73 applicable to the decommissioning and dismantlement of TMl-2.
Also, TMI-2 Solutions identified in its application that SSCs are retired (as their functions are no longer required) and are removed from the licensing basis. TMl-2 Solutions requests exemptions from the records retention requirements for TMl-2 SSCs and historical activities that are no longer relevant to the licensing basis.
1 By letter dated February 21, 2021(ADAMS Package ML21057A047, as supplemented on May 5, 2021 (ML21133A264), January 7, 2022 (ML22013A177), February 7, 2022, ML22038A925, March 23, 2022 (ML22101A079), April 7, 2022 (ML22101A077), and May 16, 2022 (ML22138A285)), TMI-2 Solutions, submitted a license application request seeking NRC review and approval of an amendment request to the POL and Appendix A, TS, of POL No. DPR-73 ("License) for TMI-2. This amendment, if approved, would revise the POL and the associated TS to support the transition of TMI-2 from a PDMS condition to that of a facility undergoing radiological decommissioning (DECON) pursuant to 10 CFR 50.82(a)(7), Termination of license.
3.0 REGULATORY EVALUATION
With respect to the requested conforming license amendment, 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit, states, in part, whenever a holder of a license, including a construction permit and operating license under this part, desires to amend the license or permit, an application for an amendment must be filed with the Commission fully describing the changes desired and following as far as applicable the form prescribed for original applications.
4.0 CONFORMING LICENSE AMENDMENT
4.1 Conforming Amendment
The Applicant requested a conforming amendment upon approval of the exemption request to License No. DPR-73 for TMI-2. No physical or operational changes to the facility were requested beyond those in the exemption request. The proposed conforming amendment only reflects the proposed exemption action. In attachment 2 to the October 5, 2021, exemption request, TMI-2 Solutions requested that certain TS for TS section 6.9.2 be deleted. Specifically, TMI-2 Solutions requested that TS 6.9.2 a, b, f, k, l, n, and r be deleted if the exemption is granted. Below is the NRC staff evaluation of the removal of these TS:
Technical Specifications:
- a. Records and logs of unit operation covering time interval at each power level.
The NRC staff concludes that removal of this TS is acceptable because the reactor is permanently shut down and all the spent fuel is removed from the site. Further all SSCs are retired (as their functions are no longer required). This specification is no longer relevant to the licensing basis. Therefore, deletion of this specification is acceptable.
- b. Records and logs of principal maintenance activities, inspections, repair, and replacement of principal items of equipment related to radioactive waste systems.
The NRC staff concludes that removal of this TS is acceptable because the reactor is permanently shut down and all the spent fuel is removed from the site. Further all SSCs are retired (as their functions are no longer required). This specification is no longer relevant to the licensing basis. Therefore, deletion of this specification is acceptable.
- f. Radiation Safety Program Reports and Quarterly Recovery Progress Reports on the March 28, 1979, incident.
TMl-2 Solutions, in its December 15, 2021, supplement, committed to preserve all records pertaining to the 1979 Records Preservation Order ((44 FR 30788, dated May 29, 1979 and of December 15, 2021 submittal (ML21354A027)). Therefore, TS 6.9. f will not be deleted because it involves maintaining records specific to the 1979 Records Preservation Order.
- k. Records of transient or operational cycles for those unit components designed for a limited number of transients or cycles.
The NRC staff concludes that removal of this TS is acceptable because the reactor is permanently shut down and all the spent fuel is removed from the site. Further all SSCs are retired (as their functions are no longer required). This specification is no longer relevant to the licensing basis. Therefore, deletion of this specification is acceptable.
I. Records of reactor tests and experiments.
The NRC staff concludes that removal of this TS is acceptable because the reactor is permanently shut down and all the spent fuel is removed from the site. Further all SSCs are retired (as their functions are no longer required). This specification is no longer relevant to the licensing basis. Therefore, deletion of this specification is acceptable.
- n. Records of in-service inspections previously required by the TS.
The NRC staff concludes that removal of this TS is acceptable because the reactor is permanently shut down and all the spent fuel is removed from the site. Further all SSCs are retired (as their functions are no longer required). This specification is no longer relevant to the licensing basis. Therefore, deletion of this specification is acceptable.
- r. Records of the incident which occurred on March 28, 1979:
TMl-2 Solutions, in its December 15, 2021, supplement, committed to preserve all records pertaining to the 1979 Records Preservation Order ((44 FR 30788, dated May 29, 1979 and of December 15, 2021 submittal (ML21354A027)). Therefore, the TS 6.9. r will not be deleted because it involves maintaining records specific to the 1979 Records Preservation Order.
Due to the deletion of TS 6.9.2 a, b, k. l, and n, the TS that remain are redesignated in alphabetical order. Also, the page numbers are repaginated in Section 6.0 due to these changes. These changes are administrative in nature and are acceptable.
The amendment involves no safety question, is consistent with the exemption, and is administrative in nature. Accordingly, the proposed amendment is acceptable.
4.2 State Consultation
In accordance with the Commissions regulations, the Pennsylvania State official was notified of the proposed issuance of the amendment on July 18, 2022 (ML22199A278). The State official responded on August 3, 2022 (ML22215A252), stating that the Commonwealth has no comments that it would like addressed in conjunction with NRC approving the request.
5.0 ENVIRONMENTAL CONSIDERATION
The application is for approval of partial exemptions requests and an associated conforming amendment required to reflect specific associated changes in the TS. The staff determined that pursuant to 10 CFR 51.22(c)(3), (c)(9), and (c)(25)(vi)(A), Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, approval of the conforming amendment from the requirements of any regulation in Chapter I of 10 CFR Part 50 meets the eligibility criteria for categorical exclusion because: (1) removal of the items in the TS related to this exemption request relate to recordkeeping and the conforming amendment would be an administrative
action upon approval of the exemption request; (2) the action involves no significant hazards consideration (NSHC); (3) there is no significant change in the types or significant increase in the amounts of any effluents that may be released off-site; (4) there is no significant increase in individual or cumulative public or occupational radiation exposure; (4) there is no significant construction impact; (5) there is no significant increase in the potential for or consequences from radiological accidents; and (6) the requirements from which an exemption and conforming amendment is sought are among those identified in 10 CFR 51.22(c)(25)(vi). Accordingly, the actions involved meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(b). Pursuant to 10 CFR 51.22(b), no environmental impact Statement or environmental assessment need be prepared in connection with the approval of the transfer application and conforming license amendment.
6.0 PUBLIC COMMENT
The NRCs notice of consideration of the approval of the conforming amendment with its preliminary NSHC determination (87 FR 42505, dated July 15, 2022), and included an opportunity to comment, request a hearing, and petition for leave to intervene. No comments or requests were received.
7.0 NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION
The NRC has determined that the license amendment request for the conforming amendment involves NSHC. The NRC staff determined that there is no significant hazards related to this licensing proceeding. Under the NRC's regulations in 10 CFR 50.92, Issuance of amendment, this means that operation of the facility in accordance with the proposed amendment would not:
(1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
8.0 CONCLUSION
The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by the proposed action; (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations; and (3) the issuance of the conforming amendment will not be inimical to the common defense and security or to the health and safety of the public.
Date: September 16, 2022
Principal Contributor: Amy M. Snyder, NMSS/DUWP