RA-25-0195, Response to Request for Confirmation of Information (RCI) Regarding Proposed Exemptions from 10 CFR 50.55a(a)(3)(ii), Which Incorporates by Reference Regulatory Guide 1.147, Revision 21, for Code Case N-921, and 10 CFR 50.55a(y)
| ML25233A035 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Robinson, McGuire  |
| Issue date: | 08/21/2025 |
| From: | Ellis K Duke Energy, Duke Energy Carolinas |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| RA-25-0195, RG-1.147, Revision 21 | |
| Download: ML25233A035 (1) | |
Text
Kevin M. Ellis General Manager Nuclear Regulatory Affairs, Policy &
Emergency Preparedness Duke Energy 13225 Hagers Ferry Rd., MG011E Huntersville, NC 28078 843-951-1329 Kevin.Ellis@duke-energy.com 10 CFR 50.12 RA-25-0195 August 21, 2025 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 H.B. Robinson Steam Electric Plant, Unit 2 Docket No. 50-261 / Renewed License No. DPR-23 McGuire Nuclear Station, Unit 1 Docket No. 50-369 / Renewed License No. NPF-9 Oconee Nuclear Station, Units 1, 2, and 3 Docket Nos. 50-269, 50-270, and 50-287 Subsequent Renewed License Nos. DPR-38, DPR-47, and DPR-55
Subject:
Response to Request for Confirmation of Information (RCI) Regarding Proposed Exemptions from 10 CFR 50.55a(a)(3)(ii), which incorporates by reference Regulatory Guide 1.147, Revision 21, for Code Case N-921, and 10 CFR 50.55a(y)
By letter dated May 8, 2025 (ADAMS Accession No. ML25128A041), Duke Energy Carolinas, LLC, and Duke Energy Progress, LLC, collectively referred henceforth as Duke Energy, requested an exemption in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.12, Specific exemptions, from 10 CFR 50.55a(a)(3)(ii), which incorporates by reference Regulatory Guide 1.147, Revision 21, Table 2, including a condition that limits the use of the American Society of Mechanical Engineers (ASME) Code Case N-921 to the beginning of the Inservice Inspection interval. Duke Energys exemption request also extends to the definition of Inservice Inspection (ISI) interval provided in 10 CFR 50.55a(y). Duke Energy requested an exemption from the aforementioned regulations on behalf of H.B. Robinson Steam Electric Plant, Unit 2 (RNP), McGuire Nuclear Station, Unit 1 (MNS), and Oconee Nuclear Station, Units 1, 2, and 3 (ONS), because Code Case N-921 was not applied at the beginning of the current ISI interval that started prior to issuance of Regulatory Guide 1.147, Revision 21.
The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the proposed exemption request and determined that additional information is needed in the form of a RCI. Duke Energy received the RCI from the NRC via electronic mail on July 28, 2025 (ADAMS Accession No. ML25209A319).
The enclosure provides Duke Energys response to the RCI.
No regulatory commitments are contained in this submittal.
U.S. Nuclear Regulatory Commission RA-25-0195 Page 2 If there are any questions or if additional information is needed, please contact Mr. Ryan Treadway, Director - Nuclear Fleet Licensing, at 980-373-5873.
Sincerely, Kevin M. Ellis General Manager - Nuclear Regulatory Affairs, Policy & Emergency Preparedness
Enclosure:
Response to Request for Confirmation of Information (RCI) cc:
Regional Administrator - NRC Region II NRC Senior Resident Inspector - H.B. Robinson Steam Electric Plant NRC Senior Resident Inspector - McGuire Nuclear Station NRC Senior Resident Inspector - Oconee Nuclear Station NRC Project Manager - H.B. Robinson Steam Electric Plant NRC Project Manager - McGuire Nuclear Station NRC Project Manager - Oconee Nuclear Station NRC Project Manager - Duke Energy Fleet
U.S. Nuclear Regulatory Commission RA-25-0195 Page 3 bcc:
Shawn Gibby Mike Classe Kevin Ellis Ryan Treadway Austin Keller Kaitlyn Sullivan Tracey LeRoy David Cummings Laura Basta George Curtis Winston Stewart Ed Pigott Brent Bare Travis Rollins Steve Snider Jamie Dodson David Wilson FUSION (ELL)
U.S. Nuclear Regulatory Commission RA-25-0195 ENCLOSURE RESPONSE TO REQUEST FOR CONFIRMATION OF INFORMATION (RCI)
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U.S. Nuclear Regulatory Commission RA-25-0195 The U.S. Nuclear Regulatory Commission staffs Request for Confirmation of Information (RCI) is provided below in italics, followed by Duke Energys response.
BACKGROUND By letter dated May 8, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25128A041), Duke Energy Carolinas, LLC (the licensee, Duke Energy) submitted an exemption request for McGuire Nuclear Station Unit 1, H.B. Robinson Steam Electric Plant, Unit 2, and Oconee Nuclear Station, Units 1, 2 and 3.
The proposed exemption request is from the specification regulations of Title 10 of the Code of Federal Regulations (10 CFR) 50.55a(y) and 10 CFR 50.55a(a)(3)(ii), which incorporates by reference Code Case N-921 from Regulatory Guide 1.147, Revision 21. The exemption request, if granted, would allow for the implementation of American Society of Mechanical Engineers Code Case N-921 during the current Inservice Inspection Interval.
REGULATORY BASIS Pursuant to 10 CFR 50.12(a), the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50 when (1) the exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security and (2) special circumstances are present.
Under 10 CFR 50.12(a)(2), special circumstances are present when at least one of the following six conditions are met:
(i) Application of the regulation in the particular circumstances conflicts with other rules or requirements of the Commission; or (ii) Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule; or (iii) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated; or (iv) The exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from the grant of the exemption; or (v) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation; or (vi) There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption.
TECHNICAL ISSUE Code Case N-921 section 2431 states, "inspection intervals shall comply with the following, except as modified by -2430(c), -2430(d), -2430(f): (a) first Inspection Interval. 12 yr following initial start of plant commercial service; (b) Successive Inspection intervals. 12 yr following the previous inspection interval. -2430(f) states, "the inspection intervals for inservice examination of Class CC components shall be in accordance with the requirements of -2431, except that the requirements of Table 1 do not apply."
U.S. Nuclear Regulatory Commission RA-25-0195 10CFR 50.55a(1)(ii) incorporated by reference, ASME Boiler and Pressure Vessel Code (ASME),Section XI. ASME Section XI, Subsection IWL-2400, typically requires the Class CC concrete and unbonded post-tensioning system examination to occur at 1, 3, and 5 years following the containment structural integrity test, and every 5 years thereafter.
In the licensee's exemption request Tables 4 through 6, "Oconee Unit 1 [2,3, respectively] -
Sixth ISI Interval, Fourth CISI [Containment Inservice Inspection]" provide a schedule of the CISI interval broken down into 3 evenly spaced 4-year periods for a 12 year CISI interval. The exemption request does not specifically address whether the IWL examinations will stay on a 5 and 10 year incremental schedule per ASME Section XI, Subsection IWL-2400 while the CISI interval is extended to 12 years.
RCI-1 The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the exemption request and in order to complete its review the NRC requests that the licensee to confirm the following information on the docket that; the applicant will maintain the ASME Section XI, Subsection IWL-2400 inspection schedules after adopting the 12-year ISI interval per Code Case N-921.
Duke Energy Response to RCI-1 Yes, Duke Energy (i.e., the applicant) will maintain the ASME Section XI, Subsection IWL-2400 inspection schedules after adopting the 12-year ISI interval per Code Case N-921.